National Land Code (Revised - 2020) · Updated to 15 Oct 2020 · Chapter 1 · Subdivision of lands
138. Powers of Land Administrator or State Director in relation to applications
Feedback & supportWhere any application under subsection 137(1) relates to land the subdivision of which is required to be approved by the
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;
State Director, the Land Administrator shall refer the application to the State Director together with his recommendations thereon.
State Director
“State Director” means the State Director of Lands and Mines for the State appointed under section 12, and includes a Deputy Director of Lands and Mines appointed thereunder;
If on any application under the said subsection (1) it appears to the Land Administrator or, in a case referred to him as aforesaid, the State Director—
Land Administrator
“Land Administrator” means a Land Administrator appointed under section 12, and includes an Assistant Land Administrator appointed thereunder; and, in relation to any land, references to the Land Administrator, or any Assistant Land Administrator, having jurisdiction in the district or subdistrict in which the land is situated;
that the conditions for approval of the subdivision specified in subsection 136(1) are satisfied; or
that those conditions would be satisfied if the proposals in the application were modified in one or more minor respects, the Land Administrator or, as the case may be, State Director shall approve the subdivision in accordance with the said proposals, modified where necessary as mentioned in paragraph (b).
In any other case, the Land Administrator or, as the case may be, State Director shall reject the application.
On approving, or being informed by the State Director that he has approved, the subdivision of any land, the Land
Administrator shall notify the proprietor of the approval, and of any modifications subject to which it is given, and shall by such notification call upon the proprietor to pay to him within a specified time—
proprietor
“proprietor” means any person or body for the time being registered as the proprietor of any alienated land;
in a case where the subdivisional portions are to be surveyed by a Survey Officer, the amount, or estimated amount, of the fees chargeable in respect of the survey;
and
in every case, the fees chargeable in connection with the preparation and registration of final documents of title to the several subdivisional portions.
172
National Land Code 243
Provisions of the
National Land Code
Modification
Provisions of the
National Land Code
Modification
Section 140
In its application to the Federal Territory of Labuan—
in subsection (1), delete the words “or Land
Office”;
substitute for subsection (2) the following subsection:
“(2) In the absence of any direction to the contrary by the State Authority, the approval required by subsection (1) shall be given by the State Director.”.
National Land Code
National Land Code 245
On rejecting, or being informed by the State Director that he has rejected, any application, the Land Administrator shall notify the proprietor, and shall cancel, or cause to be cancelled, the note endorsed on the register document of title pursuant to subsection 137(2).
register document of title
“register document of title” means any document registered, or prepared for registration, under this Act and evidencing or, as the case may be, intended to evidence title to land, and any document evidencing title to land registered before the commencement of this Act under the provisions of any previous land law;