Section 136
Conditions for approval of subdivision
of National Land Code (Revised - 2020)
(1)
No subdivision shall be approved by the State Director or, as the case may be, Land Administrator unless the following conditions are satisfied:
(a)
that the subdivision would not contravene any restriction in interest to which the land is for the time being subject;
(b)
that the subdivision would not be contrary to the provisions of any written law for the time being in force, and that any requirements imposed with respect thereto by or under any such law have been complied with;
(c)
without prejudice to the generality of paragraph (b)—
(i)
that any necessary approval of any planning authority has been obtained; and
(ii)
that the subdivision would not be contrary to any plan approved by the State Authority for the development of the area in which the land is situated, or to any decision of any planning authority for that area; and
(iii)
if the case falls within any direction in that behalf given by the State Authority, that the subdivision has the consent of any body or authority specified in, or appointed by, the direction;
(ca) that the proprietor has agreed in his application that as a consequence of the subdivision, the land described therein which has been approved by any planning authority or body or authority specified in paragraph (c) to be used for public purpose be surrendered for such purpose in accordance with section 197;
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Provisions of the
National Land Code
Modification
Subsection 136(1)
In its application to the Federal Territory of Labuan, delete the words “or, as the case may be, Land
Administrator”.
(d)
that no item of land revenue is outstanding in respect of the land;
(e)
that every person or body who, at the time when the approval was applied for, was entitled to the benefit of—
(i)
a charge of the land;
(ii)
a lease of the whole or any part thereof, other than a part corresponding precisely to one of the proposed subdivisional portions;
(iii)
a charge of such a lease; or
(iv)
a lien over the land or any such lease, has consented in writing to the making of the application;
(f)
that the area of any subdivisional portion—
(i)
in the case of land subject to the category
“agriculture”, or to any condition requiring its use for an agriculture purpose, will not be less than two-fifths of a hectare; and
(ii)
in any other case, will not be less than the minimum area appropriate for land of the class or description in question, as determined for the purposes of this subparagraph by the planning authority for the area in which the land is situated or (if there is no such authority) by the State
Authority;
(g)
that the shape of each subdivisional portion will, in his opinion, be suitable for the purposes for which it is intended to be used;
(h)
that, except in the case of any subdivisional portion from which there will be direct access thereto, a satisfactory means of access will be available as of right from each 169
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such portion either to a road, a river, a part of the foreshore or a railway station, or to a point within the land from which such a means of access will be available or be capable of being obtained by application to the
Land Administrator under Part Twenty-eight.
(2)
The requirements of paragraph (1)(h) shall be taken to be satisfied with respect to any subdivisional portion if, but only if—
(a)
in the case of land situated in any area designated by the
State Authority for the purposes of this subsection, or any class or description of land in that area specified in the designation, the proprietor has agreed in his application—
(i)
that he will provide the necessary means of access by making up a road to a standard specified in the designation; and
(ii)
that the land occupied by the road shall, as from the issue of title to the subdivisional portions, be deemed to have been surrendered to the State
Authority;
(b)
in any other case, the proprietor has—
(i)
agreed in his application that land described therein shall be deemed to have been surrendered as aforesaid for the purpose of enabling such a means of access to be established thereover as
State land; or
(ii)
included in his application a proposal for providing such a means of access by means of a private road over land in respect of which a separate title is to be issued to him; or
(iii)
included in his application his consent to the provision thereof by the creation of a Land
Administrator’s right of way.