Section 10
Occupation of different classes of land
⎯(1) Without prejudice to section 5(2)(e) or to section 29 or to the provisions of any written law, no person may occupy or exercise any rights or privileges over any Mixed Zone Land or Native
Area Land save under a valid and subsisting document of title and, if the land in question is unalienated, any occupier thereof shall be deemed to be in unlawful occupation of State land and section 209
shall apply thereto.
(2)
No person whether a native or non-native may occupy any
Native Customary Land or any Reserved Land save under and in accordance with the conditions applicable thereto by virtue of this or any other written law, and any person in occupation thereof shall be deemed to be in unlawful occupation of State land and section 209
shall apply thereto.
(3)
Without prejudice to any law for the time being regulating the prospecting for minerals and mineral oils or the taking of forest produce, any native who, without a prior permit in writing from a
Superintendent, occupies any Interior Area Land or fells or attempts to fell virgin jungle upon any such land or attempts to create customary rights upon any such land shall be guilty of an offence: Penalty, in the case of a first offence, a fine of one thousand ringgit and, in the case of a second or subsequent offence, imprisonment for two years and a fine of five thousand ringgit.
[Am. Cap. A42; Am. Cap. A61.]
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(4)
The occupation of Interior Area Land by a native or native community without a permit in writing from a Superintendent shall not, notwithstanding any law or custom to the contrary, confer any right or privilege on such native or native community and, in any such case, such native or native community shall be deemed to be in unlawful occupation of State land and section 209 shall apply thereto.
(5)
The consent of a Superintendent for the purposes of any permit shall not be given if he considers either that he would thereby prejudice the individual or communal rights of others or that he would thereby prejudice the interests of Sarawak or its inhabitants in the area where the land applied for is situate.
(6)
Any person aggrieved by any decision of the
Superintendent may within twenty-one days appeal against such decision to the Director, who may make such order in respect thereof as he may consider just.
(7)
Any person aggrieved by any order of the Director under subsection (6) may appeal, by way of petition to the Minister, within thirty days thereafter or within such longer period as the Minister may, in any particular case, permit.
[Mod. Swk. L.N. 68/64; Am. Cap. A42.]
Director may classify land and resolve doubts as to classification of any particular area of land 11.⎯(1) The Director may divide Sarawak into Land Districts and may, for the purpose of giving effect to this or any other written law, by notification in the Gazette declare any area of land to be a special development area or to be town, suburban or land comprised in a bazaar or to be land of such class or description as may be provided for under such written law or as a prescribed zone adjoining a designated special road.
[Am. Cap. A17; Am. Cap. A119.]
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(2)
The Director may, if he is satisfied that any parcel of land is Mixed Zone Land or Native Area Land within the meaning of section 2 as read with this Part and that it is expedient that this section shall apply thereto, by notification in the Gazette declare that such parcel is Mixed Zone Land or Native Area Land, as the case may be.
(3)
Such declaration shall, unless revoked or varied by the
Court under subsection (4) or unless the classification of the said land is subsequently altered by virtue of anything in this Part, be sufficient authority for the Registrar, any proprietor thereof and any other person to register and deal with such land as Mixed Zone Land or Native
Area Land, as the case may be.
(4)
Any person aggrieved by any declaration under subsection
(2)
may by notice in writing require the Director to state a case for the opinion of the High Court, and the Director shall comply with such requirement.
(5)
The High Court shall have power upon any case being stated under subsection (4) to determine the matter and for such purpose to amend the case stated in any manner it thinks fit.
(6)
The Court’s determination under subsection (5) shall for the purpose of any appeal be deemed to be made in a civil proceeding.
(7)
The expression “any person aggrieved” shall include any person having a right or interest in the land concerned and also the
State Attorney-General acting on behalf of the public or of any class of the public.