Land Acquisition (Amendment) Act 2016

This Act comes into operation on a date to be appointed by the Minister, with the approval of the National Land Council, by notification in the Gazette, and the Minister may appoint different dates for the coming into operation of different provisions of this Act.

by inserting after the definition of “Land Administrator”

the following definition:

‘ “lot” has the meaning assigned to it under the

National Land Code [Act 56 of 1965] and includes any interim identification number allotted by Land Office pending the completion of final survey of any land held under qualified title, as the case may be;’; and

in the definition of “scheduled land”, by inserting after the words “land or lands” the words “including parcel or provisional block”.

in the shoulder note, by inserting after the words

“Withdrawal from” the words “the application of”;

in subsection (1), by inserting after the words “withdraw from the” the words “application of”;

in subsection (2)—

by inserting after the words “withdraws from any” the words “application of”; and

by deleting subsection (3).

Land Acquisition (Amendment)

by renumbering the existing section as subsection (1);

and

by inserting after subsection (1) as renumbered the following subsection:

“(2)  Where the acquisition of part of the land refers to underground land, the plan referred to in paragraph (1)(a) shall also describe the extent and area of the underground land to be acquired.”.

in the shoulder note, by substituting for the words

“required for a public purpose” the words “needed under section 3”; and

in subsection (2), by substituting for the words

“paragraph 7(b)” the words “paragraph 7(1)(b)”.

in paragraph (1)(b), by deleting the words “or (3)”; and

in subsection (2), by substituting for paragraph (a) the following paragraph:

“(a) where the scheduled land is held by registered title—

on the register document of title; and

in subsection (1), by inserting after the words “the State

Director of Town and Country Planning” the words “or from any local planning authority,”;

by substituting for subsection (2) the following subsection:

“(2)  The State Director of Town and Country

Planning or the local planning authority, upon receiving the request for information under subsection (1)

shall provide the information required within two weeks from the request being made by the Land

Administrator.”;

by deleting subsections (3) and (4);

by inserting after subsection (5) the following subsection:

“(5a)  The information obtained under subsection (5)

shall be disregarded if the acquisition is made under section 37 of the Town and Country Planning

Act 1976.”;

in subsection (6), by substituting for the words “subsections

and (4)” the words “subsection (2)”; and

in subsection (1), by deleting the words “under his hand”;

and

in subsection (5)—

by substituting for the words “The Land

Administrator” the words “In addition to the award made under subsection 14(1), the Land

Administrator”; and

Where the possession of the land has been taken under section 19, subsection 8(4) shall not be applicable if the Land

Administrator has not made an award under subsection 14(1)

within the said period of two years.”.

in paragraph (a), by deleting the word “and” at the end of the paragraph;

in paragraph (b), by substituting for the full stop at the end of the paragraph the words “; and”; and

by inserting after paragraph (b) the following paragraph:

“(c) the statutory body, person or corporation referred to in paragraph 23(a), and the management corporation in respect of a subdivided building or land.”.

by deleting the words “or (3)”; and

in paragraph (a), by substituting for the words “parcel of a subdivided building, in the” the words “parcel of a subdivided building or land, in the statutory body,”.

by renumbering the existing section as subsection (1);

and

Land Acquisition (Amendment)

by inserting after subsection (1) as renumbered the following subsection:

“(2)  For the purpose of subsection (1), the difference specified shall not exceed one quarter of a hectare or one per centum of the area of scheduled land as published in the Gazette under subsection 8(1), whichever is the greater, and such difference shall not be necessary for any further declaration to be made and published.”.

in subsection (1), by substituting for the words “exceeds fifteen thousand ringgit” the words “or compensation in

Part VII exceeds thirty thousand ringgit”;

in paragraph 1(a), by inserting after the word “Form H”

the words “, Form Lc or Form R”; and

in subsection (5), by substituting for the word “eight”

the word “five”.

in subsection (1), by substituting for the word “eight”

the word “five”;

in subsection (1b), by substituting for the word “eight”

the word “five”;

by substituting for subsection (1c) the following subsection:

“(1c) In this section “due date” in relation to any land means—

the date of taking possession of the land or a date three months after the service of a notice in Form H referred to in subsection 16(1) in respect of the land, whichever is the earlier; or

a date three months after the service of a notice in Form Lc referred to in paragraph 35(2)(c) or Form R referred to in subsection 58(1) or section 59.”;

and

in subsection (2), by substituting for the word “eight”

the word “five”.

on the day as notified in writing by the Land

Administrator that the payment is available for collection by the person interested;

on the day the payment is sent by registered post to the person interested;

on the day of the delivery of the payment by the

Land Administrator to the Court;

Land Acquisition (Amendment)

on the date the payment is received by the person interested; or

on the day the payment is transmitted electronically to the account of the person interested.”.

by substituting for subsection (1a) the following subsection:

“(1a)  A notification in Form La shall be published in the Gazette and all proceedings already taken or being taken in consequence of the declaration in subsection 8(1) in respect of the land shall cease to have effect.”;

in subsection (2)—

by inserting after the words “the Land Administrator”

the words “, after notifying the person interested in Form Lb,”;

by inserting after subsection (3) the following subsection:

“(3a)  For the purpose of this section, subsection 14(5)

shall be applicable if necessary.”; and

in subsection (4), by deleting the words “or (3)”.

by inserting after the words “section 14” the words

“or compensation made under section 35 or Part VII”;

and

by inserting after the words “to such award” the words

“or compensation”.

in subsection (1), by inserting after the words “section 10

or 11” the words “or any person interested pursuant to any compensation made under section 35 or Part VII who”;

in subsection (2)—

by deleting the words “in respect of any interest in any scheduled land”; and

in subsection (3)—

by substituting for the words “Where the total amount of any award in respect of any scheduled land exceeds fifteen thousand ringgit” the words

“Where the total amount of any award exceeds thirty thousand ringgit,”;

in subsection (1), by deleting the words “, and a copy thereof shall be forwarded by the Land Administrator to the Registrar of the Court”; and

in subsection (3)—

in paragraph (a), by inserting after the words “the

Land Administrator’s award under section 14” the words “or compensation made under section 35

or Part VII”; and

by substituting for the words “Form P” the word “writing”;

and

in paragraph (b), by deleting the words “pursuant to section 3”.

by substituting for the word “shall” the word “to”; and

by substituting for the word “eight” the word “five”.

in paragraph (1)(a)—

by deleting the words “in any scheduled land”;

and

in subsection (2), by substituting for the words “A certificate under the hand of the State Secretary” the words “Any document”.

for any purpose specified in subsection 3(1);

in order to carry out public works on any land; or

as indicated in a development plan under the law applicable to it relating to town and country planning, the State Authority may direct the Land Administrator to procure the occupation or use of any such land for such term as he shall think fit, not exceeding three years from the date of commencement of such occupation or use, in the manner prescribed by this Part.

The Land Administrator or other registering authority shall make a note of any temporary occupation or use of land as specified under paragraphs 9(2)(a) and (b).”.

in subsection (1), by inserting after the words “shall make such offer of compensation” the words “in Form R”;

by inserting after subsection (2) the following subsection:

“(2a)  Prior to making an offer for compensation under subsection (1), the Land Administrator may obtain a written opinion on the value of the land from a valuer.”; and

by inserting after subsection (3) the following subsections:

“(4)  In making any assessment of compensation under subsection (3), the Land Administrator may, whether by way of full or partial substitution for monetary compensation, enter into any arrangement with a person having an interest in such land in such a way as may be equitable, having regard to the interests of the parties concerned.

Whenever the Land Administrator enters into any arrangement under subsection (4), he shall make an entry of the particulars thereof in the appropriate register.

All the evidence during the enquiry and the amount of compensation offered shall be recorded by the Land Administrator.

Nothing in this section shall prevent the State

Authority to occupy or use the land if the person interested is not agreeable to the compensation offered pursuant to subsection (1).

For the purpose of this section, subsection 14(5)

shall be applicable if necessary.”.

Land Acquisition (Amendment)

by inserting after paragraph (b) the following paragraph:

“(ba) prescribe any Form in the Second Schedule in electronic form;”; and

in paragraph (d), by substituting for the words “the application for acquisition of land under paragraph 3(1)

or (c)” the words “any matter under this Act”.

in the heading, by substituting for the words

“[Sections 12, 35, 46 and 47]” the words “[Sections 12,

35 and 47]”; and

in subparagraph (1)(2d), by substituting for the words

“within the meaning of section 214a of the National

Land Code [Act 56 of 1965], the market value shall not in any way be affected by the fact that it can be sold to one person” the words “, the market value of such land shall be determined taking into consideration section 214a of the National Land Code”.