National Land Code (Revised - 2020) · Updated to 15 Oct 2020 · Chapter 3 · Implied conditions
Section 117
Feedback & supportWhere any alienated land is subject by virtue of any provision of this Act to the category “industry”, the following implied conditions shall, subject to subsection (2), apply thereto:
alienated land
“alienated land” means any land (including any parcel of a subdivided building) in respect of which a registered title for the time being subsists, whether final or qualified, whether in perpetuity or for a term of years, and whether granted by the State Authority under this Act or in the exercise of powers conferred by any previous land law, but does not include mining land;
that it shall be used only for industrial purposes, that is to say, for the purposes of the erection or maintenance of factories, workshops, foundries, warehouses, docks, jetties, railways or other buildings or installations for use for or in connection with one or more of the following purposes:
industrial purposes
“industrial purposes” has the meaning assigned thereto by paragraph 117(1)(a);
manufacture;
smelting;
the production or distribution of power;
the assembling, processing, storage, transport or distribution of goods, or other commodities;
such other purposes as the State Authority may prescribe for the purposes of this section by rules under section 14;
that the industry shall commence operations within three years of the relevant date and that every building or installation thereon (whensoever erected or installed)
shall be maintained in repair;
in repair
“in repair”, in relation to any building or part of a building, means in such state of repair as that in which a prudent owner might reasonably be expected to keep his property;
that no such building or installation shall be demolished, altered or extended without the prior consent in writing of the appropriate authority:
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National Land Code 211
land
“land” includes— (a) that surface of the earth and all substances forming that surface; (b) the earth below the surface and all substances therein; (c) all vegetation and other natural products, whether or not requiring the periodical application of labour to their production, and whether on or below the surface; (d) all things attached to the earth or permanently fastened to anything attached to the earth, whether on or below the surface; and (e) land covered by water;
Provisions of the
National Land Code
Modification
Subparagraph 117(1)(a)(v)
In its application to the Federal Territory of Kuala
Lumpur, the reference to the “State Authority”
shall be construed as reference to the “Minister charged with the responsibility for lands in the
Minister
“Minister” means the Minister charged with the responsibility for lands;
Federal Territory”.
In its application to the Federal Territory of
Putrajaya, reference to “State Authority” shall be construed as reference to “Minister charged with the responsibility for lands in the Federal Territory”.
In its application to the Federal Territory of Labuan, references to the “State Authority” shall be construed as references to the “Minister charged with the responsibility for lands in the Federal Territory”.
Provided that the condition specified in paragraph (a) shall not prevent the maintenance or erection on the land of any building used or to be used—
for the provision of educational, medical, sanitary or other welfare facilities for the proprietor of the land or any other person lawfully in occupation thereof, or for the servants of, or any person employed for industrial purposes by, the proprietor or any other such person;
proprietor
“proprietor” means any person or body for the time being registered as the proprietor of any alienated land;
for any purpose which the State Authority may think fit to authorize in the particular circumstances of the case.
In subsection (1) “relevant date” means the date on which any part of the land first became subject to the category.
The conditions specified in subsection (1) shall be implied in the case of any land to the extent only that they are not inconsistent with any express conditions to which the land is for the time being subject.
Agricultural Land Alienated under Qualified Title
qualified title
“qualified title” means title issued under Chapter 2 or 3 of Part Eleven, that is to say, in advance of survey;