In forceUpdated to 15 Oct 2020

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National Land Code (Revised - 2020) · Updated to 15 Oct 2020 · Chapter 4 · Conversion of qualified title into final title

198. Procedure on applications

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(1)

Where any application under subsection 197(1) relates to land the surrender of which requires the approval of the State

Director, the Land Administrator shall refer the application to him, together with a statement whether any item of land revenue is then outstanding in respect of the land.

(2)

If on any application under the said subsection it appears to the Land Administrator or, in a case referred to him as aforesaid, the State Director that the conditions specified in subsection 196(1)

are satisfied, he shall approve the surrender.

(3)

In any other case, the Land Administrator or, as the case may be, State Director shall reject the application.

(4)

On approving, or being informed by the State Director that he has approved, the surrender, the Land Administrator shall—

(a)

notify the proprietor; and

(b)

make, or cause to be made, a memorial of the surrender on the register document of title to the land.

(5)

On rejecting, or being informed by the State Director that he has rejected, the application, the Land Administrator shall—

(a)

notify the proprietor; and

(b)

cancel, or cause to be cancelled, the note endorsed on the register document of title pursuant to subsection 197(3).

226

National Land Code 343

Provisions of the

National Land Code

Modification

Section 198

In its application to the Federal Territory of Labuan—

(1)

in subsection (2), delete the words “the Land

Administrator or, in a case referred to him as aforesaid,”;

(2)

in subsection (3), delete the words “Land

Administrator or, as the case may be,”;

(3)

in subsection (4), substitute for the words “On approving, or being” the words “Where the

Registrar is”;

(4)

in subsection (5), substitute for the words “On rejecting, or being” the words “Where the

Registrar is”.

Terms defined in s 5

land
Defined · s 5
“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;
Open s 5
Land Administrator
Defined · s 5
“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;
Open s 5
land revenue
Defined · s 5
“land revenue” means every sum now due, or which shall hereafter become due, to the State Authority on account of any premium or rent payable in respect of alienated land, or under any licence or permit relating to land, and fees of any kind (including arrears of fees and, notwithstanding that they constitute items of Federal revenue, any fees, costs or other sums payable in connection with the carrying out of any survey by the Survey and Mapping Department) chargeable under this Act or any previous land law;
Open s 5
proprietor
Defined · s 5
“proprietor” means any person or body for the time being registered as the proprietor of any alienated land;
Open s 5
register document of title
Defined · s 5
“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;
Open s 5
Registrar
Defined · s 5
“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;
Open s 5
State Director
Defined · s 5
“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;
Open s 5

Deposited plans

Read on from Chapter 2

198. Procedure on applications

Terms defined in s 5

Powers of leasing, etc.

Express and implied provisions

Forfeiture

Determination of leases and tenancies

Creation of charges, and general provisions relating thereto

Implied provisions

Remedies of chargees: Sale

Remedies of chargees: Possession

Discharge

Liens

Creation

Release, extinguishment and cancellation

Presentation of instruments for registration

Procedure generally

Determination of fitness for registration

Manner of registration

Powers of Attorney

Cancellation of registration

Endorsement of exempt tenancies

Caveats

Prohibitory orders

Co-proprietorship

Trusts

Deposited plans

Schedules