National Land Code (Revised - 2020) · Updated to 15 Oct 2020 · Chapter 3 · Amalgamation of lands
149. Powers of Land Administrator or State Director in relation to applications
Feedback & supportWhere any application under subsection 148(1) relates to lots the amalgamation of which is required to be approved by the
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 that the conditions for approval of the amalgamation specified in paragraphs 136(1)(a) to (g) (as applied by subsection 147(1)) are not satisfied, he shall reject the application.
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;
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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
Section 149
In its application to the Federal Territory of Labuan—
in subsection (2), delete the words “the Land
Administrator or, in a case referred to him as aforesaid,”;
in subsection (3), delete the words “Land
Administrator or, as the case may be,”;
in subsection (4), substitute for the words
“On approving, or being informed” the words
“Where the Registrar is informed”;
Registrar
“Registrar” means— (a) in relation to land held or to be held under Registry title, or under the form of qualified title corresponding to Registry title, or under subsidiary title dependent on a Registry title, a Registrar of Titles or Deputy Registrar of Titles appointed under section 12; (b) in relation to land held or to be held under Land Office title, or under the form of qualified title corresponding thereto, or under subsidiary title dependent on a Land Office title, the Land Administrator;
in subsection (5), substitute for the words
“On rejecting, or being informed” the words
“Where the Registrar is informed”.
If on any such application it appears to the Land Administrator or, as the case may be, State Director that the said conditions are satisfied, he shall—
approve the amalgamation; or
in a case where the sanction of the State Authority is first required, submit the application to the State Authority together with his recommendations thereon, and thereafter approve the amalgamation or reject the application as the State Authority may direct.
On approving, or being informed by the State Director that he has approved, the amalgamation of any lots, the Land
Administrator shall notify the proprietor of the approval, and of the terms of any direction given by the State Authority under subsection 147(3), 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 combined area is to be surveyed by a Survey Officer, the amount, or estimated amount, of the fees chargeable in respect of the survey;
in every case, the fees chargeable in connection with the preparation and registration of final documents of title to the combined area; and
the amount of any premium chargeable by virtue of any such direction.
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 notes endorsed on the register documents of title pursuant to subsection 148(2).
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Provisions of the
National Land Code
Modification
Provisions of the
National Land Code
Modification
Section 157a
In its application to the Federal Territory of Labuan, substitute for subsection (2) the following subsection:
“(2) An application by a donee of a power of attorney under subsection (1) shall be accompanied by—
an office copy of the power of attorney under subsection 83(4) of the Stamp
Ordinance [Cap. 137], or an original copy of power of attorney attested by one of the following persons:
Magistrate;
Justice of the Peace;
Notary Public;
Commissioner for Oaths;
Advocates; or
Registrar; and
a copy thereof for filing by the Registrar.”.
National Land Code
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