National Land Code (Revised - 2020) · Updated to 15 Oct 2020 · Chapter 2 · Classification and use of land
52. Categories of land use and application thereof to lands alienated under this Act
Feedback & supportFor the purposes of this Act there shall be three categories of land use, to be known respectively as “agriculture”, “building”
land
“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;
and “industry”; and, subject to subsection (5), where any land is alienated under this Act—
there shall be endorsed on the document of title thereto such one of those categories as the State Authority may have—
prescribed by a notification having effect in relation thereto under subsection (2); or
in the absence of any such notification, determined in relation thereto pursuant to subsection (3);
and
the conditions to which the land becomes subject shall include accordingly—
such express conditions as may be imposed by the
State Authority by virtue of section 121 or 122;
and
such implied conditions as are applicable thereto by virtue of section 115, 116 or 117.
The State Authority may, by notification in the Gazette, specify any area of the State, and prescribe a category of land use in relation thereto for the purposes of this section; and that category shall be the one to be endorsed under subsection (1) on the alienation pursuant to any approval given after the notification is published of any State land in that area which has not at any previous time been alienated.
Except in a case falling within subsection (2), the category of land use to be endorsed pursuant to subsection (1) on the document of title to any land shall be determined by the State
document of title
“document of title”, in relation to any alienated land, means both the register document of title and the issue document of title relating thereto, save that, in the case of land held under qualified title in respect of which no application for an issue document of title has been made by the proprietor, it means the register document of title only;
Authority at the time when the land is approved for alienation.
77
National Land Code 113
Provisions of the
National Land Code
Modification
Subsection 52(5)
In its application to the Federal Territory of Kuala
Lumpur, the reference to the “State Authority”
which appears for the first time shall be construed as reference to the “Selangor State Authority”;
and the reference to the “State Authority” which appears for the second time shall be construed as reference to the “Government of the Federation”.
In its application to the Federal Territory of
Putrajaya, reference to “State Authority” which appears for the first time shall be construed as reference to “Selangor State Authority”; and the reference to “State Authority” which appears for the second time shall be construed as reference to
“Government of the Federation”.
In its application to the Federal Territory of Labuan—
substitute for the words “this Act” the words
“any previous land law”;
previous land law
“previous land law” means any law relating to land in force in the State at any time before the commencement of this Act;
reference to “the State Authority” which appears for the first time shall be construed as reference to “any previous authority” and reference to “State Authority” which appears for the second time shall be construed as reference to the “Government of the
Federation”;
substitute for the word “thereof” the words
“of the extended Code” wherever they appear.
Copies of any notification under this section shall be published in accordance with section 433.
This section does not apply to any land alienated under this Act in pursuance of an approval given by the State Authority before the commencement thereof; and the State Authority may, on approving the alienation of any land after that commencement, direct that no category of land use be endorsed on the document of title thereto, if satisfied that the use thereof could be more appropriately controlled by the imposition of express conditions under section 120.
Use of Lands Alienated before Commencement