In forceUpdated to 15 Oct 2020

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National Land Code (Revised - 2020) · Updated to 15 Oct 2020 · Chapter 2 · Trusts

389. Characteristics of Land Administrator’s rights of way

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(1)

A Land Administrator’s right of way may be—

(a)

a right of way created for the benefit of the State Authority or the proprietor or occupier of any alienated land

(referred to in this Part as a private right of way); or

(b)

a right of way created for the benefit of the public (referred to in this Part as a public right of way).

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(2)

A private right of way created for the benefit of the State

Authority shall authorize persons acting with the express or implied consent of the State Authority—

(a)

to pass and repass between reserved land or a forest reserve and a public terminal; or

(b)

for the purpose of removing rock material from any land, to pass and repass between the land and a public terminal.

(3)

A private right of way created for the benefit of the proprietor or occupier of alienated land shall authorize the proprietor or occupier, as the case may be, and persons acting with the express or implied consent of the proprietor or occupier to pass and repass between the land and a public terminal.

(4)

A public right of way shall authorize the public to pass and repass between any specified area of land and a public terminal.

(5)

(Deleted by Act A587).

Terms defined in s 5

alienated land
Defined · s 5
“alienated land” means any land (including any parcel of a subdivided building) in respect of which a registered title for the time being subsists, whether final or qualified, whether in perpetuity or for a term of years, and whether granted by the State Authority under this Act or in the exercise of powers conferred by any previous land law, but does not include mining land;
Open 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
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
reserved land
Defined · s 5
“reserved land” means land for the time being reserved for a public purpose in accordance with section 62 or any previous land law;
Open s 5
rock material
Defined · s 5
“rock material” means any rock, stone, gravel, common sand, common earth, common laterite, loam, common clay, soil, mud, turf, peat, coral, shell, and any other rock materials within or upon any land, and includes processed materials therefrom, other than minerals defined under any written law relating to mining which is for the time being in force;
Open s 5
State Authority
Defined · s 5
“State Authority” means the Ruler or Yang di-Pertua Negeri of the State, as the case may be;
Open s 5

Report

Read on from s 390

Chapter 2

Deposited plans

Read on from Chapter 2

389. Characteristics of Land Administrator’s rights of way

Terms defined in s 5

Deposited plans

Schedules