Section 18A

any such owner who surrenders his old lot or lots to Government shall become entitled to receive in exchange therefor from

Government a new lot or lots equal in area to such old lot or lots,

any such owner who surrenders his old lot or lots to Government shall become entitled to receive in exchange therefor from

Government such new lot or lots as the Local Authority and not less than three-quarters in number of the owners affected by such scheme and holding in the aggregate not less than one-half of the total area of the land comprised within the old lots may agree is fair in the circumstances, having regard to the total area of land comprised within the new lots and available for distribution amongst the owners of old lots;

publish the fact that it has so informed the Yang di-Pertua Negeri by posting notice thereof up in some conspicuous place in any part of the offices of the Local Authority to which the public has access, and unless within fourteen days from the date of such publication at least one-half of the owners of old lots petition the Yang di-Pertua Negeri for an exchange scheme under paragraph (b) (in which case the Yang di-Pertua Negeri shall direct the Local Authority to proceed under that paragraph and the Local

Authority shall so proceed) it shall be lawful for the Yang di-Pertua Negeri on behalf of the State of Sabah to acquire all or any land comprised within all or any old lots by compulsory acquisition and develop any land so acquired by him in conformity with the approved scheme or cause or arrange in such manner as he may think fit for any such land to be so developed.

Where a pooling and re-distribution scheme has been devised under paragraph (a) of subsection (1), the Local Authority shall –

reduce it to writing; and

any owner affected may within fourteen days from the publication of a

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pooling and re-distribution scheme appeal to the Council against the provisions of the scheme in so far as they affect him and the Council shall hear such owner and, if the Local Authority so desires, a representative of the Local Authority and either reject such appeal or make such alteration in the scheme as it may consider will meet the justice of the case:

Provided that no such alteration which affects any other owner shall be made until such other owner has had an opportunity of making his views in regard to the proposed alteration known to the Council and the Council has ruled thereon;

on the termination of the period of fourteen days mentioned in paragraph

or, if any appeal made thereunder is then outstanding, on the determination of such appeal, the pooling, and re-distribution scheme with the alterations (if any) made by the Council shall become binding on all owners of the land comprised within the old lots.

Where an exchange scheme has been devised under paragraph (b) of subsection (1) and has been accepted in writing by not less than three-quarters in number of the owners affected by such scheme and holding in the aggregate not less than one-half of the total area of the land comprised within the old lots, the Local Authority shall –

publish it by posting a true copy thereof up in some conspicuous place in any part of the offices of the Local Authority to which the public has access; and

any owner affected who has not accepted the exchange scheme in writing may within fourteen days from the publication of the scheme appeal to the

Council against the provisions of the scheme in so far as they affect him and the Council shall hear such owner and, if the Local Authority so desires, a representative of the Local Authority and either reject such appeal or make such alteration in the scheme as it may consider will meet

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the justice of the case:

Provided that no such alteration which affects any other owner shall be made until such other owner has had an opportunity of making his views in regard to the proposed alteration known to the Council and the Council has ruled thereon;

on the termination of the period of fourteen days mentioned in paragraph

or, if any appeal made thereunder is then outstanding, on the determination of such appeal, the exchange scheme with the alterations

(if any) made by the Council shall become binding on all owners of the land comprised within the old lots.

to call upon any owner to surrender his old lot or lots to Government; and

to call upon the Director of Lands and Surveys upon completion of such surrenders to grant titles (subject to the terms and conditions published under subsection (2)) in respect of new lots to owners entitled thereto.

in any case in which an owner fails to surrender his old lot or lots upon being called upon to do so by the Local Authority under paragraph (a) of subsection (5) the Local Authority shall report the matter to the Yang di-Pertua Negeri who may on behalf of the State of Sabah acquire by compulsory acquisition such owner's old lot or lots;

notwithstanding anything contained in the Land Ordinance [Cap. 68.] any old lot acquired by the Yang di-Pertua Negeri by compulsory acquisition under paragraph (a) shall be made available by him for the purposes of the scheme in connection with which such lot was so acquired, in consideration whereof the Yang di-Pertua Negeri shall be entitled to participate in such scheme in the place of the owner of such lot and shall have all the rights which the owner would have had under the scheme

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had he surrendered his lot to Government and in particular the Yang di-Pertua Negeri shall have the rights to possession as owner on behalf of the State of Sabah of any new lot or other consideration which such owner would have received had he participated in such scheme.

that for the purpose of computing the number of owners required by this section to accept an exchange scheme before such scheme may be submitted by a Local Authority to the Council –

no account shall be taken of any owner who is not in the State of

Sabah and who, after enquiry, the Local Authority is satisfied has not left in the State of Sabah a representative with full powers to act on his behalf in respect of such owner's holdings affected by such scheme; and

that no exchange scheme shall be invalidated or considered not binding on any owner because he has not appealed against the provisions of such scheme in so far as they affect him by reason of the fact that he was not himself in the State of Sabah and had left no representative in the

State of Sabah with full powers to act on his behalf; and

that it shall not be necessary for the Yang di-Pertua Negeri before acquiring any land by compulsory acquisition for the purposes of any scheme devised under this section to enter into any prior negotiation for the purchase of such land; and

that it shall be lawful for the Local Authority to indicate on the map or maps referred to in subsection (1) any old lot or new lot that shall not be included in any scheme devised under that subsection where special considerations apply to such old lot or new lot, whereupon the land comprised within any such lot shall not be taken into account as a new lot or as an old lot as the case may be for the purposes of this section.