Section 147
Conditions for approval of amalgamation
of National Land Code (Revised - 2020)
(1)
No amalgamation shall be approved by the State
Director or, as the case may be, Land Administrator unless the conditions specified in paragraphs 136(1)(a) to (g) for approval of the subdivision of land are, mutatis mutandis, and with the omission of subparagraph (c)(iii) and paragraph (ca) of that subsection, satisfied; and, in any of the circumstances specified in subsection (2), the sanction of the State Authority shall also be necessary before any amalgamation can be so approved.
(2)
The said circumstances are as follows:
(a)
where the lots to be amalgamated are all held under Land
Office title, and their combined area will exceed four hectares;
(b)
where the said lots are held partly under Registry title and partly under Land Office title;
(c)
where any dissimilarity exists between any of the said lots in any of the following respects:
(i)
the periods for which they are held;
(ii)
the rates at which rent is payable;
(iii)
the categories of land use, conditions and restrictions in interest to which they are subject.
(3)
The sanction of the State Authority to any amalgamation shall, in a case falling within paragraph (2)(a) or (b), constitute its approval to the holding of the combined area under Registry title (or, if first applied for, the corresponding form of qualified title); and, so far as it may be necessary to do so by reason of any dissimilarity existing as mentioned in paragraph (c) of that subsection, the State Authority shall, on sanctioning any amalgamation, give such directions as it may think fit as to the period for which the combined area is to be held, the rate at which rent is to be paid in respect thereof, and the category of land use, conditions and restrictions in interest to be endorsed on any document of title thereto.
(4)
Where by any direction under subsection (3) the State
Authority extends the period for which any lot would otherwise have been held, it may require the payment by the proprietor, in consideration of the extension, of a premium of such amount as may be specified in the direction.
(5)
As from the date on which any land becomes subject by virtue of such a direction to any category of land use to which it was not previously subject, there shall cease to apply to the land all conditions to which it was previously subject other than those implied by section 114.
182
Act 828
National Land Code 259
Provisions of the
National Land Code
Modification
Section 147
In its application to the Federal Territory of Labuan—
(3)
in subsection (3)—
(a)
delete the words “, in a case falling within paragraph (2)(a) or (b)”; and
(b)
substitute for the words “paragraph (c) of that subsection” the words “subsection (2)”.