Malaysia legislation

Section 389

of NATIONAL LAND CODE (REVISED - 2020)

Section 389

Characteristics of Land Administrator’s rights of way

(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).

366

Act 828

(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).