In forceUpdated to 15 Oct 2020

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National Land Code (Revised - 2020) · Updated to 15 Oct 2020 · Chapter 2 · Classification and use of land

53. Conditions affecting use of lands alienated before commencement until category of land use imposed

(1)

This section applies to all land alienated before the commencement of this Act other than land which, immediately before that commencement, is subject to an express condition requiring its use for a particular purpose.

(2)

All land to which this section applies which is at the commencement of this Act—

(a)

country land; or

(b)

town or village land held under Land Office title, shall become subject at that commencement to an implied condition that it shall be used for agricultural purposes only:

Provided that this condition—

(i)

shall not prevent—

(a)

the use of any part of the land for any purpose for which it could (under section 115) be lawfully used if it were subject instead to the category

“agriculture”; or 78

National Land Code 115

Provisions of the

National Land Code

Modification

Section 53

In its application to the Federal Territory of Labuan—

(1)

substitute for subsection (2) the following subsection:

“(2) All land to which this section applies which, at the commencement of the extended

Code, other than town land, shall become subject at that commencement to an implied condition that it shall be used for agricultural purposes only:

Provided that this condition—

(i)

shall not prevent—

(a)

the use of any part of the land for any purpose for which it could

(under section 115) be lawfully used if it were subject instead to the category “agriculture”; or

(b)

the continued use of any part thereof for any industrial purpose for which it was lawfully used immediately before the commencement of the extended

Code; and

(ii)

shall not apply to any part of the land which is occupied by or in conjunction with—

(a)

any building lawfully erected before that commencement; or

(b)

any building erected after that commencement, the erection of which would (under section 115)

be lawful if the land were subject instead to the category

“agriculture.”;

(b)

the continued use of any part thereof for any industrial purpose for which it was lawfully used immediately before the commencement of this Act; and

(ii)

shall not apply to any part of the land which is occupied by or in conjunction with—

(a)

any building lawfully erected before that commencement; or

(b)

any building erected after that commencement, the erection of which would (under section 115)

be lawful if the land were subject instead to the category “agriculture”.

(3)

All other land to which this section applies shall become subject at the commencement of this Act to an implied condition that it shall be used neither for agricultural nor for industrial purposes:

Provided that this condition—

(i)

shall not prevent the continued use of any part of the land for any agricultural or industrial purpose for which it was lawfully used immediately before the commencement of this Act; and

(ii)

shall not apply to any part of the land which is occupied by or in conjunction with—

(a)

any building lawfully erected before that commencement; or

(b)

any building erected after that commencement, the erection of which would (under section 116)

be lawful if the land were subject instead to the category “building”.

National Land Code 117

Provisions of the

National Land Code

Modification

Section 53

(2)

substitute for subsection (3) the following subsection:

“(3) All other land to which this section applies shall become subject at the commencement of the extended Code to an implied condition that it shall not be used for agricultural purposes:

Provided that this condition—

(i)

shall not prevent the continued use of any part of the land for such purpose for which it was lawfully used immediately before the commencement of the extended Code; and

(ii)

shall not apply to any part of the land which is occupied by or in conjunction with any building lawfully erected before that commencement.”.

(4)

No order under subsection 129(4) or (5) declaring land forfeit to the State Authority shall have effect with respect to any land for breach of any condition to which it is subject by virtue of this section except upon payment of such compensation as may be agreed or determined under section 434.

Terms defined in s 5

agriculture
Defined · s 5
“agriculture” includes the cultivation of any crop (including trees cultivated for the purpose of their produce), market gardening, the breeding and keeping of honey-bees, livestock and reptiles, and aquaculture;
Open s 5
breach
Defined · s 5
“breach”, in relation to any condition, covenant or agreement, includes any default in the observance thereof;
Open s 5
building
Defined · s 5
“building” includes any structure erected on land…
Open s 5
country land
Defined · s 5
“country land” has the meaning assigned thereto by subsection 51(2);
Open s 5
industrial purposes
Defined · s 5
“industrial purposes” has the meaning assigned thereto by paragraph 117(1)(a);
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 Office title
Defined · s 5
“Land Office title” means title evidenced by a Mukim grant or Mukim lease, or by any document of title registered in a Land Office under the provisions of any previous land law;
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
town land
Defined · s 5
“town land” has the meaning assigned thereto by subsection 51(2);
Open s 5
village land
Defined · s 5
“village land” has the meaning assigned thereto by subsection 51(2). Part One (A)—COMPUTERIZED LAND REGISTRATION SYSTEM Coming into operation of the Computerized Land Registration System in any land Registry 5a. (1) The Minister may, with the approval of the National Land Council, by notification in the Gazette of the Federation, appoint a date for the coming into operation of the Computerized Land Registration System in any land Registry.
Open s 5

Report

Read on from s 54

Chapter 3

Rights of access to, and use of, alienated lands

Read on from Chapter 3

Chapter 1

Reservation of land

Read on from Chapter 1

Chapter 2

Temporary occupation of land

Read on from Chapter 2

Chapter 3

Removal of rock material

Read on from Chapter 3

Chapter 4

Permit to use air space above

Chapter 1

Read on from Chapter 3

Chapter 4

Subdivision of buildings 151—157..

Chapter 1

The registers

Read on from Chapter 1

Chapter 2

The subsidiary register 161—163..

Chapter 2

Deposited plans

Read on from Chapter 2

53. Conditions affecting use of lands alienated before commencement until category of land use imposed

Terms defined in s 5

Rights of access to, and use of, alienated lands

Reservation of land

Temporary occupation of land

Removal of rock material

Permit to use air space above

Introductory

Approval of land for alienation

Alienation under final title

General

Collection of arrears of rent

Revision of rent

Summary of conditions and restrictions in interest affecting alienated lands

Implied conditions

Express conditions and restrictions in interest

Enforcement of conditions

Subdivision of lands

Partition of lands

Amalgamation of lands

Subdivision of buildings 151—157..

The registers

The subsidiary register 161—163..

Final title in continuation of final title

Replacement of register document of final title

Chapter 3

Alienation under qualified title

Final title and qualified title in continuation

Conversion of qualified title into final title

Powers of leasing, etc.

Express and implied provisions

Forfeiture

Determination of leases and tenancies

Creation of charges, and general provisions relating thereto

Implied provisions

Remedies of chargees: Sale

Remedies of chargees: Possession

Discharge

Liens

Creation

Release, extinguishment and cancellation

Presentation of instruments for registration

Procedure generally

Determination of fitness for registration

Manner of registration

Powers of Attorney

Cancellation of registration

Endorsement of exempt tenancies

Caveats

Prohibitory orders

Co-proprietorship

Trusts

Deposited plans

Schedules