Section 5
⎯(1)
As from the 1st day of January, 1958, native customary rights may be created in accordance with the native customary law of the community or communities concerned by any of the methods specified in subsection (2), if a permit is obtained under section 10, upon Interior Area Land. Save as aforesaid, but without prejudice to the provisions hereinafter contained in respect of Native Communal
Reserves and rights of way, no recognition shall be given to any native customary rights over any land in Sarawak created after the 1st day of January, 1958, and if the land is State land any person in occupation thereof shall be deemed to be in unlawful occupation of
State land and section 209 shall apply thereto.
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(2)
The methods by which native customary rights may be acquired are⎯
(a)
the felling of virgin jungle and the occupation of the land thereby cleared;
(b)
the planting of land with fruit trees;
(c)
the occupation or cultivation of land;
(d)
the use of land for a burial ground or shrine;
(e)
the use of land of any class for rights of way; or
(f)
any other lawful method:
Provided that⎯
(i)
until a document of title has been issued in respect thereof—
(a)
no rent shall be charged by the Government on the land which shall continue to be State land; and
(b)
any native lawfully in occupation thereof shall be deemed to hold by licence from the
Government and his rights over the land may, upon the date of coming into force of this paragraph, be inherited, acquired or purchased by or transferred or sold or disposed of to or dealt with another native; and
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(ii)
the question whether any such right has been acquired or has been lost or extinguished shall, save in so far as this Code makes contrary provision, be determined by the law in force immediately prior to the 1st day of January,