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Section 404

Removal and alteration of boundary marks

of National Land Code (Revised - 2020)

ActIn forceProvision 359 of 391
Section 404

(1)

Where a person requires the temporary or permanent removal or alteration of a boundary mark, he may make written application in that behalf to the Land Administrator, stating the reasons for his application.

(2)

Where the Land Administrator approves an application made under subsection (2)—

(a)

he shall inform the Director of Survey and Mapping; and

(b)

the Director of Survey and Mapping shall arrange for the boundary mark to be moved or altered in accordance with the request.

(3)

The cost of the removal or alteration of a boundary mark under this section shall be defrayed by the applicant and, if not so defrayed, shall be recoverable from him as a debt due to the

State Authority:

380

National Land Code 557

Provisions of the

National Land Code

Modification

Act 828

Provisions of the

National Land Code

Modification

Subsection 405(1)

In its application to the Federal Territory of Labuan, substitute for the words “, Settlement Officer and penghulu” the words “and Settlement Officer”.

National Land Code

National Land Code 559

Provided that if such an application is made as a result of the advance of the shoreline or the bed of any river as specified in section 49, the cost of removal or alteration of the boundary marks and the cost of survey shall not be borne by the applicant.

Removal and alteration of survey reference marks 404a.  (1)  Where a person requires the temporary or permanent removal or alteration of a survey reference mark, he may make a written application in that behalf to the Director of Survey and

Mapping, stating the reasons for his application.

(2)

Where the Director of Survey and Mapping approves an application made under subsection (1), he shall arrange for the survey reference mark to be removed or altered in accordance with the request.

(3)

The cost of the removal or alteration of a survey reference mark under this section shall be defrayed by the applicant, and if not so defrayed, shall be recoverable from him.