National Land Code (Revised - 2020) · Updated to 15 Oct 2020 · Chapter 4 · Provisions relating to enquiries
34. Re-opening of enquiry
Feedback & supportIn any of the circumstances specified in subsection (2), a Land Administrator may re-open any enquiry held under this
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;
Act by himself or any predecessor in office and, where it appears to him just to do so, may vary or set aside any decision or order previously given or made therein:
Provided that no enquiry shall be re-opened under this section—
enquiry
“enquiry” means an enquiry held under any provision of this Act. National Land Code 95 Provisions of the National Land Code Modification Paragraph 20(b) In its application to the Federal Territory of Labuan, delete the words “Land Administrator,”. Section 23 In its application to the Federal Territory of Labuan, in the definition of “Land Administrator”, delete the words “, the Registrar”.
at any time after an appeal has been lodged therein as mentioned in section 37, unless the appeal is subsequently withdrawn; or
more than three years after the date on which any decision or order therein was first given or made.
The said circumstances are as follows:
where fresh evidence of a material nature is available, not being evidence which could, by the exercise of reasonable diligence, have been produced at any earlier hearing;
where any earlier hearing was conducted in the absence of any necessary or proper party whose absence was not due to any default or neglect on his part.
A Land Administrator shall record briefly his reasons for re-opening any enquiry under this section.