Section 37

the right, without payment of compensation therefor, of making upon all land, drains, sewers and ditches, of laying down pipes and cables for water, gas or electricity, of erecting poles and wires for electric power, communication towers, and of using, repairing and maintaining the same:

Provided that if such works interfere with improvements, permanent buildings or cultivated ground, such compensation shall be allowed for disturbance or damage as shall be determined by the Superintendent;

the right of the Government exercisable through the

Superintendent to cause any tree or trees to be felled, trimmed or removed. Compensation shall be assessed and awarded by the

Superintendent for any such felling, trimming or removal :

Provided that no compensation shall be paid in respect of any tree not in existence before the 1st day of January, 1958, and standing within *thirty-three feet of the centre line of any road maintained by the Government or a local authority;

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*

Roughly 10.0584 metres — see the Weights and Measures Act 1972 [Act 71].

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the right of the Government, exercisable through all officials, contractors and workmen who are duly authorized, to free access at all reasonable times for any of the purposes specified in paragraphs (a) and (b) or for any other authorized purpose.

the right of the Government to regulate and control the use of spectrum in the column of the airspace above the land in accordance with Rules made under section 213; and

the right of the Government to regulate or control the use of the land either on the surface of the earth or below the surface of the earth thereof, for carbon storage in accordance with

Rules made under section 213.

[Add. Cap. A200/2022]

Margin of land along all rivers, sea coasts, roads, borders, etc., reserved to the Government 38.⎯(1) Save where express provision is made to the contrary in any document of title by any general or special direction of the

Minister, all unalienated land situate within the limits stated below shall be reserved to the Government, and no one may acquire a title to the same or any part thereof⎯

[Mod. Swk. L.N. 68/64; Am. Cap. A119.]

all land adjoining the sea coast within *sixty-six feet of mean high water mark;

all land within *sixty-six feet on each side along the banks of all navigable rivers, streams, canals or creeks:

Provided that, where the width of any such stream, canal or creek is less than *thirty-three feet, the reserve on each bank shall be twice the width of the stream, canal or creek;

all land within *thirty-three feet on either side of the centre of all roads maintained by the Government, or a local authority, to which the public has access as of right;

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*

Roughly 20.1168 and 10.0584 metres respectively — see the Weights and

Measures Act 1972 [Act 71].

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all land within five hundred metres of the borders of the State.

[Add. Cap. A119.]

Any grant, lease or other alienation made after the 1st day of January, 1932, shall, where the land adjoins the seashore, or borders of the State, a navigable river, stream, canal, creek or existing road, be deemed to have reserved to the Government the areas of land stated in subsection (1), and the boundary of the land in such grant, lease or other alienation shall be determined accordingly, notwithstanding that the seashore, or borders of the State, or a navigable river, stream, canal, creek or road is stated to be the boundary.

[Am. Cap. A119]

Any owner of land adjoining an area of land reserved to the Government under subsections (1) and (2) may be permitted to use so much of the land reserved to the Government as may be reasonably necessary for the purpose of landing stages or rights of way, and a licence or right to use any such area for the purpose of erecting and using a wharf or landing stage may also be granted to any person whether an owner of adjoining land or not. The permission to use any such area in the manner so provided for shall be at the pleasure of the

Majlis Mesyuarat Kerajaan Negeri and may be at any time withdrawn.

[Am. Ord. No. 9/76; Am. Cap. A28.]

Any building erected, or crop planted, upon the land reserved to the Government under subsections (1) and (2) shall without prejudice to subsection (6) be liable to be removed by order of the Director without payment of any compensation.

[Am. Cap. A119.]

In any case in which the Minister has given a direction for the alienation of land reserved under subsection (1), he shall also direct whether such land shall become Mixed Zone Land or Native

Area Land and, in any such case, such land shall immediately prior to the alienation thereof become Mixed Zone Land or Native Area Land, as the case may be. No such direction need be published in the

Gazette but, upon registration of any alienation under this section, the

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Registrar shall make an appropriate entry in the Register denoting whether such land is Mixed Zone Land or Native Area Land.

Any person who⎯

without permission or licence granted under subsection (3), shall be guilty of an offence: Penalty, a fine not exceeding fifty thousand ringgit or an imprisonment not exceeding three years or both such fine and imprisonment, and in the case of a continuing offence, a fine not exceeding two thousand ringgit for each day the offence continues.

[Ins. Cap. A119.]

Cultivation 39.⎯(1)(a)

Land alienated for agricultural purposes shall be subject to the implied condition that within nine months from the date of the issue of the document of title and, subject to the special conditions, if any, expressed therein, the proprietor shall take all reasonable steps preparatory to bringing such land under cultivation.

There shall be implied in every document of title to land alienated for agricultural purposes that the land shall be managed in a husbandlike manner according to the principles of good husbandry and that due regard shall be had to the conservation of natural resources.

__________

*

Roughly 40.4686 hectares — see Weights and Measures Act 1972 [Act 71].

Special conditions implied on alienation for agricultural purposes

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