Malaysia legislation
Section 12
Section 12
(a)
affect the right of a licensee to enter into an agreement, commonly known as a wayleave agreement, with the owner or occupier of any land for the purpose of carrying a supply line across the land; or
(b)
affect any such wayleave agreement subsisting at the commencement of this Act.
of itself direct the iry on its an order apply line, ering the direct the purposes t acquisi-orized by land, the work of to land e land is or posts or the owner of aliena removal lower level, ment, and rich requisi-emoval or making the to sections the Straits shall—
er into an wayleave oier of any supply line subsisting
(2)
Notwithstanding any written law relating to land, the Registrar, upon the production to him of the original and the deposit with him of a certified copy of any such wayleave agreement as is referred to in subsection (1), shall cause to be made on the register document of title relating to the land affected by the wayleave agreement a note of the existence of the wayleave agreement.
(3)
Where a wayleave agreement relates to land which is a holding included in the Interim Register—
(a)
subsection (2) shall apply as if "Commissioner" and a "appropriate folio of the Interim Register" were substituted for "Registrar" and "register document of title" respectively; and
(b)
when final documents of title are issued for the land under section 39 of the National Land Code (Penang and Malacca Titles) Act 1963, any note made pursuant to that subsection as varied by paragraph (a) shall (if it is still effective immediately before the issue of those documents) be entered by the Commissioner on the register document of title and shall continue to have effect as if it had been entered under that subsection.
(4)
So long as there remains on the register document of title or the appropriate folio of the Interim Register a note made pursuant to subsection (2) or (3), all dealings with the land to which the note relates shall be deemed to be subject to the rights of the licensee under and by virtue of the wayleave agreement in respect of which the note has been made.
(a)
it shall be regarded as a note made pursuant to subsection (2); or
(5)
Where a note or registration of a wayleave agreement made before 1st January 1966, pursuant to subsection (2) or (3) as then in force remained effective immediately before that date, then, for the purposes of subsection (4)—
(b)
if it relates to land included as a holding in the Interim Register it shall be entered on the appropriate folio of the Interim Register and shall then be regarded as a note made pursuant to subsection (3).
(6)
In this section—
"Commissioner" and "Interim Register" have the meanings assigned thereto respectively by the National Land Code (Penang and Malacca Titles) Act 1963;