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Section 17

of Labuan Native Title Act 2007

ActIn forceProvision 17 of 27

Section 17

(1)

Subject to subsection (2), if any native holding included in the Native Title Register is encumbered, such holding may be sold at the instance of the encumbrancer under the provisions of any law in force for the time being.

Labuan Native Title 11

(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