Malaysia legislation
Section 11
of Land Custody and Development Authority Ordinance, 1981 ( Ord. No. 4/81 )
Section 11
⎯(1)
Where it appears to the Minister that any area should be developed to improve or enhance its economic usage and potentials or generally, to facilitate the economic and social development or progress of the people residing in that area and the vicinity thereof, the
Minister may by order in the Gazette declare such area of land
(whether alienated or unalienated or Native Customary Land) to be a
Development Area for the purposes of this Ordinance.
[Sub. Cap. A150/2011]
(2)
Where an area has been declared a Development Area pursuant to subsection (1), the Authority shall―
(a)
notify owners of land within the
Development Area of any scheme or plan approved by the Government for the development thereof and provide such information or particulars pertaining to the development thereof :
(i)
by publishing a notice thereof in one newspaper circulating in Sarawak;
(ii)
by exhibiting a notice thereof at the notice board of the District Office and Sub-District
Office for the area where the land is situate; and
(iii)
in such other manner as the Authority thinks necessary or appropriate;
(b)
seek the consent in writing of the owners of land within a Development Area to have their lands developed in accordance with the said scheme or plan;
and
(c)
take such steps or action as may be appropriate or necessary to implement the scheme or plan approved by the Government for the Development
Area, including but not limited to, having the
Development Area or any part thereof surveyed by a
Surveyor licensed under the
Land
Surveyors
Ordinance, 2001 [Cap. 40].
16
Ord. No. 4/81
(3)
Where the owners have given their consent to the development of their lands in accordance with the said scheme or plan, the Authority shall enter into an agreement, a trust deed or other necessary documents with the owners of the land or any other parties for the development thereof.
(b)
Where any owner of land does not give his consent for the development of his land, the Authority may exclude the land from the scheme or plan approved for the Development Area.”;
Upon an area being declared to be a Development Area, it shall be the duty of the Authority to prepare with all practicable speed a draft scheme in respect of all lands within such Development Area.
The scheme may, in particular, make provision for all or any of the following matters :
(a)
areas within which special trades and industries may be carried on or which are reserved exclusively for residential, agricultural or other purposes;
[Am. Ord. No. 9/85.]
(b)
land intended to be acquired by purchase or by compulsory acquisition;
(c)
land intended to be developed on joint venture, union of interests and reciprocal concession;
(d)
set out the facilities provided by the Authority and its terms and conditions.
(4)
The Minister may at any time by order in the Gazette alter, replace or extend any Development Area.
(5)
As from the date of coming into force of the declaration made under subsection (1), no dealing affecting any land within a
Development Area or any change of the category or use of any such land, may be effected, without the prior consent of the Minister.
[ Add.Cap. A150/2011]
17
(6)
For the purpose of subsection (5), the word “dealing” shall have the same meaning assigned to it under section 2 of the Land
Code [Cap. 81 (1958 Ed.)].
[ Add.Cap. A150/2011]
“ Powers of the Authority to develop land on behalf of owners in a
Development Area.