National Land Code (Revised - 2020) · Updated to 15 Oct 2020 · Chapter 2 · Classification and use of land
56. Application of section 54 to lands approved before commencement
Feedback & supportAs from the date prescribed in any notification published with respect to any area under section 54, the provisions of that section shall have effect in the area not only with respect to lands alienated before the commencement of this Act but also with respect to lands alienated under this Act pursuant to approvals given before that commencement.
prescribed
“prescribed” means prescribed by rules made by the State Authority under section 14;
In its application to any land by virtue of this section, paragraph 54(3)(b) shall have effect as if for the words “section 114”
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;
there were substituted the words “section 114 and, where applicable, section 118”.
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Provisions of the
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Provisions of the
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Subsection 56(3)
In its application to the Federal Territory of Labuan, substitute for the words “Land Administrator or
Land Administrator
“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;
Registrar, as the case may be,” the word “Registrar”.
Registrar
“Registrar” means— (a) in relation to land held or to be held under Registry title, or under the form of qualified title corresponding to Registry title, or under subsidiary title dependent on a Registry title, a Registrar of Titles or Deputy Registrar of Titles appointed under section 12; (b) in relation to land held or to be held under Land Office title, or under the form of qualified title corresponding thereto, or under subsidiary title dependent on a Land Office title, the Land Administrator;
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Where any land approved for alienation before the commencement of this Act has not been alienated by the time that the notification referred to in subsection (1) is published, the
Land Administrator or Registrar, as the case may be, shall, unless the approval has previously lapsed, take action under Chapter 2 of
Part Eleven to prepare, register and issue a document of qualified title to the intended proprietor and subject to subsection (4), the land shall be so alienated before the date prescribed in the notification:
qualified title
“qualified title” means title issued under Chapter 2 or 3 of Part Eleven, that is to say, in advance of survey;
Provided that any fee in respect of the document of qualified title which the intended proprietor (other than the intended proprietor in lawful occupation of land in expectation of title) would be required to pay, shall become payable on alienation and unless sooner paid, shall be added to, and deemed for all the purposes of this Act to form part of, the rent next due in respect of the land.
proprietor
“proprietor” means any person or body for the time being registered as the proprietor of any alienated land;
Before the registration and issue of documents of qualified title under Chapter 2 of Part Eleven, the Land Administrator shall ascertain whether the items of land revenue specified in paragraphs 81(1)(a) to (d) have been paid in respect of the land and, if under that section the approval of the State Authority to the alienation of the land lapses for non-payment of any such sum, the requirement of subsection (3) shall cease to apply thereto.
land revenue
“land revenue” means every sum now due, or which shall hereafter become due, to the State Authority on account of any premium or rent payable in respect of alienated land, or under any licence or permit relating to land, and fees of any kind (including arrears of fees and, notwithstanding that they constitute items of Federal revenue, any fees, costs or other sums payable in connection with the carrying out of any survey by the Survey and Mapping Department) chargeable under this Act or any previous land law;