Is LABUAN NATIVE TITLE ACT 2007 still in force?

Yes — LABUAN NATIVE TITLE ACT 2007 is currently in force.

When did LABUAN NATIVE TITLE ACT 2007 take effect?

LABUAN NATIVE TITLE ACT 2007 was first recorded in 2007.

How many sections does LABUAN NATIVE TITLE ACT 2007 have?

LABUAN NATIVE TITLE ACT 2007 contains 28 sections.

Where can I read the official version of LABUAN NATIVE TITLE ACT 2007?

The official text of LABUAN NATIVE TITLE ACT 2007 is published at lom.agc.gov.my.

/akn/my/act/act/2007/667

LABUAN NATIVE TITLE ACT 2007

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Bahasa Malaysia English

Type: Act
Status: In force
Enacted: 2007
Sections: 29
Languages: MS · EN

Quick answer

About this act

LABUAN NATIVE TITLE ACT 2007 is Malaysia Act, cited as Act 667 2007, currently marked in force and first recorded in 2007.

Opening note

Preamble

An Act to make provisions for the registration of native titles in Labuan in the Native Title Register, the dealings with native holdings and the declaration of Native Reserves and for matters connected therewith. [15 January 2010; P.U. (B) 15/2010] ENACTED by the Parliament of Malaysia as follows:

Part I

PRELIMINARY

Short title, application and commencement

Section 1

(2)

This Act applies to the Federal Territory of Labuan.

(3)

This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette.

Interpretation

Section 2

(2)

For the purposes of this Act, a company, cooperative society or society shall, if and so long as every member of the company, cooperative society or society is a native, be deemed to be a native, notwithstanding the definition of “native” in this section.

Part II

THE NATIVE HOLDING AND NATIVE TITLE REGISTER

Native title deemed to be native holding

Section 3

(2)

The Land Executive Committee may add to, or revoke from the Native Title Register any native holding from time to time as it deems fit.

Native Title Register

Section 4

(2)

The Native Title Register shall be maintained by the

Registrar from time to time in accordance with any decisions made by the Land Executive Committee.

Provisions as to memorials on documents of title

Section 5

(2)

Upon the registration of the existing native titles in the

Native Title Register, the Registrar shall make a like memorial of such native titles as specified in Form 2 of the First Schedule upon every register document of title listed in the Native Title Register.

Act 667

(3)

When any memorial has been made upon any register document of title for any land under subsection (2), the Registrar shall by notice in Form 3 of the First Schedule require the proprietor of such land or any other person in whose possession the issue document of title for such land may be to deliver the same and upon such delivery shall make on such issue document of title a like memorial as has been made on the register document of title for such land.

Alienation of land as native holding

Section 6

(2)

Upon the registration of the native holding in the Native

Title Register, the Registrar shall make a like memorial of the native holding as in subsection 5(2) on the register document of title and the issue document of title.

Application for registration of land as native holding

Section 7

(2)

Upon the application made under subsection (1) by the proprietor, the Registrar shall register such land in the Native Title

on the register document of title and the issue document of title for such land.

Application for revocation of native holding

Section 8

(2)

Upon receiving the application, the Registrar shall refer the application to the Land Executive Committee for decision.

Labuan Native Title 9

(3)

The Registrar shall notify the applicant of the decision of the Land Executive Committee by notice in Form 6 of the First

Schedule.

(4)

In the case where the application is approved, the Registrar shall cancel—

(a)

the memorial on the native holding from the register document of title and issue document of title; and

(b)

the registration of the land as a native holding in the

Native Title Register.

Part III

RESTRICTIONS ON DEALINGS WITH NATIVE HOLDINGS

Restriction as to transfers and leases

Section 9

Subject to sections 18, 19 and 20, no native holding shall be transferred, leased or otherwise disposed of to a non-native, and no memorandum of transfer or lease in contravention of this section shall be capable of registration at the Land Office of Labuan.

Section 10

Restriction as to dealings by attorneys

Every memorandum of transfer, charge or lease of a native holding which is executed on behalf of the proprietor thereof by any non-native who purports to act as attorney of such proprietor shall be void and no such memorandum of transfer, charge or lease shall be capable of registration at the Land Office of Labuan.

Section 11

Restriction as to caveats based on lien by deposit of title

No lien by deposit of the issue document of title for any native holding as security for a debt shall be capable of being created in favour of any person, and no caveat in support of any such lien by deposit shall be capable of registration at the Land

Office of Labuan.

Section 12

Restriction as to private caveats

No private caveat shall be entered upon any native holding by any non-native.

Act 667

Section 13

Restriction as to bankruptcy

No native holding shall vest in the Director General of

Insolvency on the bankruptcy of the proprietor thereof, unless the bankruptcy petition upon which the proprietor is adjudicated bankrupt was filed before the commencement of this Act.

Section 14

Restriction as to attachments in execution

No native holding shall be attached in execution of a decree or order of any court unless the suit or proceeding in which such decree or order was made was instituted before the commencement of this Act.

Section 15

Restriction as to trusts

Every trust or alleged trust, whether such trust be expressed, implied or constructive which purports to be created in respect of any native holding by the proprietor thereof in favour of or for the benefit of any non-native shall be null and void and shall be incapable of being enforced by any court.

Section 16

Restriction as to grants of probate and letters of administration

No grant of probate or of letters of administration shall operate to vest any native holding in any executor or administrator who is a non-native.

Part IV

NATIVE HOLDING MAY BE SOLD, LEASED, TRANSFERRED, ETC.

Sales by encumbrancers

Section 17

(2)

No such holding shall be sold to any non-native if at the date of the registration of the encumbrance, the sole proprietor or such of the co-proprietors of such land was a native and such holding was at such date included in the Native Title Register after the commencement of this Act.

(3)

In this section, an “encumbrance” includes a charge, a caveat in support of a lien by deposit of document of title, an attachment in execution of a decree or other order of court and an attachment before judgement and an “encumbrancer” includes a chargee, a caveator who has caused to be registered such caveat as aforesaid, an attaching creditor and a plaintiff who has obtained an attachment before judgement.

Native holding may be leased or transferred to Perbadanan

Labuan or Majlis Agama Islam Wilayah Persekutuan

Section 18

Labuan Native Title 11

Notwithstanding anything contained in this Act, the proprietor of any native holding may lease or transfer such holding to the Perbadanan Labuan or Majlis Agama Islam Wilayah

Persekutuan.

Section 19

Native holding may be charged to financial institutions

(2)

The Land Executive Committee may from time to time, by order published in the Gazette, add to, delete from or amend the Second Schedule as it deems fit.

Native holding may be transferred to statutory bodies, cooperative societies and societies

Section 20

(2)

In the case of any transfer of native holding to cooperative societies or societies, at least two-thirds of its members shall be native.

Act 667

(3)

The Land Executive Committee may from time to time, by order published in the Gazette, add to, delete from or amend the Third Schedule as it deems fit.

Amanah Raya Berhad deemed to be a native in certain cases

Section 21

(2)

In this section, Amanah Raya Berhad means the Amanah

Raya Berhad incorporated pursuant to section 3 of the Public

Trust Corporation Act 1995 [Act 532].

Dealings contrary to Act void

Section 22

(2)

No action for a breach of contract shall lie in respect of any dealings in or disposal of or any attempt to deal in or dispose of any native holding contrary to the provisions of this Act.

Doubtful cases shall be decided by the High Court

Section 23

A reference shall be made to the High Court if any doubt arises as to the mode of operation of this Act or the manner in which the provisions of this Act are to be construed or carried into effect in relation to this Act.

Labuan Native Title 13

Section 24

Act to prevail against provisions of other laws

If in any case any conflict shall arise between the provisions of this Act and the provisions of the Code or the Rules of

Court 2012 [P.U. (A) 205/2012], the provisions of this Act shall prevail.

Part V

NATIVE RESERVES

Section 25

(2)

Every such declaration shall—

(a)

fully describe the land declared to be a Native Reserve and for this purpose a reference to such land by its

Survey Lot number shall be taken and deemed to be a full description thereof;

(b)

state the purpose for which the land has been reserved;

(c)

state the terms of and the conditions upon which such reservation has been made; and

(d)

be published in the Gazette.

(3)

The Minister may, if he thinks fit, appoint one or more trustees to control and manage any Native Reserve declared under this section.

(4)

In any case where it is proved to the satisfaction of the

State Director that—

(a)

a trustee so appointed refuses, neglects or fails to carry out with efficiency his duties as trustee or has died, the Minister may, upon recommendation by the State

Director, discharge a defaulting trustee and appoint a new trustee in lieu of the trustee who was formerly appointed or has died; or

Act 667

(b)

the members of the native community in whose interest and for whose benefit a Native Reserve has been declared wilfully or without reasonable cause do not comply with the conditions to which such reserve is subject, the Minister shall, upon recommendation by the State

Director, cause such reserve to be revoked.

(5)

The Minister may, if he thinks fit, at any time by order published in the Gazette, revoke the declaration of any Native

Reserve or part of any Native Reserve under this Act, or otherwise may add to or vary any terms or conditions attached to such

Native Reserve.

(6)

No document of title shall be registered in respect of any land within a Native Reserve declared under this section.

(7)

Any Native Reserve declared under the Land Ordinance before the commencement of this Act shall, on the commencement of this Act, continue to be the Native Reserve.

(8)

A person who immediately before the commencement of this Act was appointed as a trustee to whom appointment may be made under this Act shall continue to be such trustee and be deemed for the purpose of this Act to have been so appointed under this Act.

Part VI

MISCELLANEOUS

Power of Minister to make rules

Section 26

The Minister may make such rules as may be expedient or necessary for carrying into effect the purposes of this Act.

Section 27

Exemption of fees

No fees shall be charged in the following cases:

(a)

the making or removal of a memorial under subsection 6(2), 7(2), 8(2) or 9(4);

Labuan Native Title 15

(b)

the service of notice under subsection 6(3) or 9(3); and

(c)

the application to register land as native holding under subsection 8(1) or to revoke land from being a native holding under subsection 9(1).

First Schedule

FORM 1

Labuan Native Title Act 2007

[Subsection 4(1)]

NATIVE TITLE REGISTER

Holding

Name of Proprietor or Proprietors

Title

Lot

Locality

Remarks

FORM 2

Labuan Native Title Act 2007

[Subsection 5(2)]

MEMORIAL OF NATIVE HOLDING

Native holding no.: ................ vide Gazette Notification No........, dated....../

Land Executive Committee of the Federal Territory of Labuan meeting dated

.................................

Date:..............................

.................................................

Registrar of Titles

Federal Territory of Labuan

Act 667

FORM 3

Labuan Native Title Act 2007

[Subsection 5(3)]

REQUIREMENT TO SURRENDER ISSUE DOCUMENT OF TITLE

To ...............................

.....................................

Opening note

Preamble

In exercise of the powers conferred by subsection 5(3) of the Labuan Native Title Act 2007, I hereby require you, within a period of 30 days from the date of service of this notice, to deliver to me the issue document of title of . (Title No.) ... (Lot No.) ... (Locality) for the purpose of entering a memorial therein as native holding.
Date: ... Registrar of Titles Federal Territory of Labuan FORM 4 Labuan Native Title Act 2007 [Subsection 7(1)] APPLICATION FOR REGISTRATION OF LAND AS NATIVE HOLDING Registrar of Titles, Federal Territory of Labuan *I/We ... .. the *proprietor/proprietors of ... ..
(Title No.) ... (Lot No.) ... .. (Locality), wish to apply that the said land be registered as native holding.

Section 2

*In the case where your application has been approved, you are hereby requested to submit to me, within a period of 30 days from the date of service of this notice, the issue document of title of the said land for the purpose of cancellation of memorials therein as native holding, failing which the abovesaid decision shall lapse.

Date:..............................

.................................................

Registrar of Titles

Federal Territory of Labuan

*Delete where not applicable

Second Schedule

[Subsection 19(1)]

LIST OF FINANCIAL INSTITUTIONS

Affin Bank Berhad

AFFIN-ACF Finance Berhad

Affin Merchant Bank Berhad

Alliance Bank Malaysia Berhad

Alliance Merchant Bank Berhad

Am Bank Berhad

Am Finance Berhad

Am Merchant Bank Berhad

Bumiputra-Commerce Bank Berhad

Bumiputra-Commerce Finance Berhad

Commerce International Merchant Bankers Berhad

EON Bank Berhad

EON Finance Berhad

Malaysian International Merchant Bankers Berhad

Hong Leong Bank Berhad

Malayan Banking Berhad

Mayban Finance Berhad

Labuan Native Title 19

Aseambankers Malaysia Berhad

Public Bank Berhad

Public Finance Berhad

Public Merchants Bank Berhad

RHB Bank Berhad

RHB Delta Finance Berhad

RHB Sakura Merchant Bankers Berhad

Southern Bank Berhad

Southern Finance Berhad

Southern Investment Bank Berhad

Utama Merchants Bank Berhad

Kewangan Bersatu Berhad

Bank Industri Berhad

Bank Negara Malaysia

Bank Islam Malaysia Berhad

Bank Muamalat Malaysia Berhad

Malaysia Industrial Development Finance Berhad

Bank Pembangunan Malaysia Berhad

Bank Pertanian Malaysia

Sabah Development Bank Berhad

Third Schedule

[Subsection 20(1)]

LIST OF STATUTORY BODIES, COOPERATIVE SOCIETIES AND SOCIETIES

Kumpulan Wang Simpanan Pekerja

Koperasi Pekerja-Pekerja Kerajaan Sabah Berhad

Lembaga Pertubuhan Peladang

Lembaga Tabung Haji

Lembaga Pembangunan Perumahan dan Bandar

Koperasi Pembangunan Desa

Lembaga Kemajuan Ikan Malaysia

Act 667

Labuan Native Title act 2007

list of amendments

Amending law

Short title

In force from

– NIL –

Labuan Native Title 21

Act 667

Labuan Native Title act 2007

list of sections amended

Section

Amending authority

In force from

– NIL –

KUALA LUMPUR

Common questions

What is LABUAN NATIVE TITLE ACT 2007?: LABUAN NATIVE TITLE ACT 2007 is Malaysia Act, cited as Act 667 2007, currently marked in force and first recorded in 2007.
Is LABUAN NATIVE TITLE ACT 2007 still in force?: Yes — LABUAN NATIVE TITLE ACT 2007 is currently in force.
When did LABUAN NATIVE TITLE ACT 2007 take effect?: LABUAN NATIVE TITLE ACT 2007 was first recorded in 2007.
How many sections does LABUAN NATIVE TITLE ACT 2007 have?: LABUAN NATIVE TITLE ACT 2007 contains 28 sections.
Where can I read the official version of LABUAN NATIVE TITLE ACT 2007?: The official text of LABUAN NATIVE TITLE ACT 2007 is published at lom.agc.gov.my.