Removal of rock material
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The document outlines the power of State Authorities to permit the extraction, removal, and transportation of rock materials from various types of lands, including who is authorized to issue permits, the duration and conditions of permits, and penalties for non-compliance. Permits cannot be assigned or transferred upon death and permit holders may be required to provide a deposit as security for performance of permit conditions and land rehabilitation.
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Removal of rock material
The document discusses sections 70-75 of regulations regarding the removal of rock material from various types of land in the country. It outlines that the relevant authority, such as the Land Administrator, may permit extraction from state land, alienated land, mining land, or reserved land. A permit will be issued for a specific term, subject to conditions, and in a specified form. Permits cannot be assigned or transferred upon death. Extraction without a valid permit risks penalties. The authority may also require a deposit from the permit holder to ensure performance of obligations and land rehabilitation. A permit will not constitute a breach of other conditions affecting the land.
Permit to use air space
1. The State Authority (SA) has the power to issue permits to use air space above state or reserved land for the purpose of erecting, maintaining, and occupying structures.
2. Applications for permits must be made in the prescribed form to the land administrator, along with the prescribed fee and approved plans. For structures on reserved land, consent from the officer in charge is required.
3. If satisfied, the SA will approve the application and the land administrator will issue the permit in the prescribed form, subject to annual fees and other specified terms and conditions.
Alienation of Land under NLC 1965
P/S : I am sharing my personal notes of law-related subjects. Some parts of them are explained in a very informal-relaxed way and mix of languages (BM and English). Secondly, as law revolves every day, there will be outdated parts in my notes. Two ways of handling it.. (1) double check with the latest law and keep it to yourself (2) same with No. 1 coupled with your generosity to share with us, the LinkedIn users (hiks ^_^). Till then, have a nice day!
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The document provides an overview of the process of alienating state land in Malaysia. It begins by defining alienation as conveying or giving away the right and title to a piece of state land. It then outlines the main steps in the alienation process, which include applying for the land, approval and payment of land revenue, surveying, and preparing and registering the title. It discusses important concepts like qualified and final titles, as well as the effects of registering the title, which makes it conclusive evidence of ownership and gives the proprietor indefeasible rights over the land.
Rent
Rent is an annual payment due to the state authority for alienated land. If rent is not paid, it becomes a debt owed to the authority and can be recovered through legal means. Rent is typically due at the start of each calendar year and becomes overdue if not paid by June 1st. The authority may serve a notice demanding payment if rent is in arrears, and can forfeit the land if payment is not made within 3 months of the notice. Rent amounts are set by state land rules and may be revised by the authority. Other parties can pay overdue rent on a proprietor's behalf to prevent forfeiture of the land.
Lease of reserved land
This document summarizes Malaysian land law regarding the lease of reserved land under Sections 62-64. Key points:
- The State Authority has power to reserve state land for public purposes like hospitals and schools by gazette notification.
- Leases of up to 21 years can be granted for reserved land not currently in use, by application to the officer in charge or State Authority.
- Reserved land status can be revoked, in whole or part, through an inquiry process involving gazette notices and an opportunity for public objection.
- The land then becomes ordinary state land available for other uses and allocation after revocation is complete.
Chapter 11 Gazetted plan - Cadastral Surveying II
The document discusses gazettes, which are official government publications used to notify the public of notices, orders, and other information. It notes that gazettes are published by state and federal authorities and can consolidate notifications. Gazette plans show specific boundaries or spatial information specified in gazettes, such as areas being reserved, leased, or having reservations revoked. The preparation of gazette plans involves data collection, drafting, approval by the Director of Survey, and submission of copies. Gazette plans must contain certain information and are used by Land Offices to draft gazettes for publication.
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1. Subdivision allows breaking up a single title into two or more portions, each held under a new separate title. The registered proprietor applies to the relevant authority and must meet conditions.
2. Partition divides jointly held land among co-proprietors, terminating their joint ownership and granting each a separate title. Co-proprietors or a majority shareholder can apply to the relevant authority.
3. Amalgamation combines two or more contiguous titles into a single title. The relevant authority approves if conditions are met. Approval from higher authorities may be required
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Removal of rock material
The document discusses sections 70-75 of regulations regarding the removal of rock material from various types of land in the country. It outlines that the relevant authority, such as the Land Administrator, may permit extraction from state land, alienated land, mining land, or reserved land. A permit will be issued for a specific term, subject to conditions, and in a specified form. Permits cannot be assigned or transferred upon death. Extraction without a valid permit risks penalties. The authority may also require a deposit from the permit holder to ensure performance of obligations and land rehabilitation. A permit will not constitute a breach of other conditions affecting the land.
Permit to use air space
1. The State Authority (SA) has the power to issue permits to use air space above state or reserved land for the purpose of erecting, maintaining, and occupying structures.
2. Applications for permits must be made in the prescribed form to the land administrator, along with the prescribed fee and approved plans. For structures on reserved land, consent from the officer in charge is required.
3. If satisfied, the SA will approve the application and the land administrator will issue the permit in the prescribed form, subject to annual fees and other specified terms and conditions.
Alienation of Land under NLC 1965
P/S : I am sharing my personal notes of law-related subjects. Some parts of them are explained in a very informal-relaxed way and mix of languages (BM and English). Secondly, as law revolves every day, there will be outdated parts in my notes. Two ways of handling it.. (1) double check with the latest law and keep it to yourself (2) same with No. 1 coupled with your generosity to share with us, the LinkedIn users (hiks ^_^). Till then, have a nice day!
Alienation of Land
The document provides an overview of the process of alienating state land in Malaysia. It begins by defining alienation as conveying or giving away the right and title to a piece of state land. It then outlines the main steps in the alienation process, which include applying for the land, approval and payment of land revenue, surveying, and preparing and registering the title. It discusses important concepts like qualified and final titles, as well as the effects of registering the title, which makes it conclusive evidence of ownership and gives the proprietor indefeasible rights over the land.
Rent
Rent is an annual payment due to the state authority for alienated land. If rent is not paid, it becomes a debt owed to the authority and can be recovered through legal means. Rent is typically due at the start of each calendar year and becomes overdue if not paid by June 1st. The authority may serve a notice demanding payment if rent is in arrears, and can forfeit the land if payment is not made within 3 months of the notice. Rent amounts are set by state land rules and may be revised by the authority. Other parties can pay overdue rent on a proprietor's behalf to prevent forfeiture of the land.
Lease of reserved land
This document summarizes Malaysian land law regarding the lease of reserved land under Sections 62-64. Key points:
- The State Authority has power to reserve state land for public purposes like hospitals and schools by gazette notification.
- Leases of up to 21 years can be granted for reserved land not currently in use, by application to the officer in charge or State Authority.
- Reserved land status can be revoked, in whole or part, through an inquiry process involving gazette notices and an opportunity for public objection.
- The land then becomes ordinary state land available for other uses and allocation after revocation is complete.
Chapter 11 Gazetted plan - Cadastral Surveying II
The document discusses gazettes, which are official government publications used to notify the public of notices, orders, and other information. It notes that gazettes are published by state and federal authorities and can consolidate notifications. Gazette plans show specific boundaries or spatial information specified in gazettes, such as areas being reserved, leased, or having reservations revoked. The preparation of gazette plans involves data collection, drafting, approval by the Director of Survey, and submission of copies. Gazette plans must contain certain information and are used by Land Offices to draft gazettes for publication.
Subdivision, partition and amalgamation
This document summarizes procedures for subdivision, partition, and amalgamation of land under the National Land Code of Malaysia. It discusses:
1. Subdivision allows breaking up a single title into two or more portions, each held under a new separate title. The registered proprietor applies to the relevant authority and must meet conditions.
2. Partition divides jointly held land among co-proprietors, terminating their joint ownership and granting each a separate title. Co-proprietors or a majority shareholder can apply to the relevant authority.
3. Amalgamation combines two or more contiguous titles into a single title. The relevant authority approves if conditions are met. Approval from higher authorities may be required
Permit to use air space
The document summarizes the power to issue permits to use air space over state or reserved land under Sections 75A-75G. The State Authority may approve permits for erecting structures if the applicant submits the required form, fee, and approved plans to the land administrator. Permits are issued subject to annual fees and terms specified. Permits cannot be assigned without state consent and a security deposit may be required. Permits can be cancelled immediately for breaches or before expiry at the State Authority's discretion with compensation.
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This document discusses the lease of reserved land under Sections 62-64 of the Malaysian law. [1] It outlines the process by which land can be reserved for public purposes like hospitals and schools. [2] The State Authority has the power to grant leases of up to 21 years for reserved land, provided the land is not being used for its designated purpose. [3] The reserved land status can be revoked by publishing a notice of proposal and holding an inquiry into any objections, before finalizing the revocation.
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Rent is an annual payment due to the state authority for alienated land. If rent is not paid, it becomes a debt owed to the authority and can be recovered through legal means. Rent is typically due at the start of each calendar year and becomes overdue if not paid by June 1st. It must be paid at the land authority's office. The rate is set by state land rules based on land type and use. If rent is in arrears, a notice will be served and the land can be forfeited if payment is not made within 3 months. Others can pay rent on behalf of the proprietor. Rent can be revised by the authority.
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The document discusses regulations regarding the removal of rock material from various types of land in Malaysia. It outlines that the State Authority may permit extraction from state, alienated, mining, and reserved lands. Permits must be issued by the relevant land administrator and are valid only for the calendar year issued. Permits cannot be assigned or transferred upon death and holders must pay penalties for operating after expiration. Permits may require a deposit from the holder to ensure performance of obligations and land rehabilitation. Acts under a valid permit do not breach any conditions affecting the land under other laws.
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(3) A TOL holder has rights of possession of the land but cannot transfer or assign the license. The license terminates upon the death of the holder or dissolution of a company holder.
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(1) A Temporary Occupation License (TOL) allows temporary occupation of state land, mining land, or reserved land for a specified purpose.
(2) A TOL is issued by the Land Administrator with approval from relevant authorities and is valid until the end of the calendar year. It can be renewed up to three times.
(3) A TOL holder has rights of possession but cannot transfer or assign the license to another party. The license terminates upon the death of the holder or dissolution of a company holder.
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This document summarizes the key provisions of the Temporary Occupation License (TOL) Law 504 in Malaysia. It outlines that a TOL can be issued for state land, mining land not currently used for mining, and reserved land not currently used for its designated purpose. A TOL is issued by the relevant land administrator and is valid for one year or less, with the possibility of renewal up to three times. A TOL holder has rights of possession but cannot transfer or assign the license. Upon termination, the holder is also not entitled to compensation.
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This document outlines the process for obtaining a permit to use air space above state or reserved land in Malaysia based on Sections 75A-75G. Key points include:
1) The State Authority has the power to approve permits for erecting, maintaining, and occupying structures in air space above state or reserved land.
2) Applications must include prescribed fees, structure details and plans approved by planning authorities, and consent for structures above reserved land.
3) If approved, the Land Administrator will issue the permit subject to annual fees and other specified terms and conditions.
4) Permits cannot be assigned without state consent and security deposits may be required. Permits can also be cancelled immediately for breaches or
Alienation
Alienation is the best mode for the state to dispose of state land as it conveys ownership rights to the applicant. The process involves applying for land, getting approval from the state authority, paying land revenue, conducting a survey, and registering the title document. Once registered, the title is indefeasible and gives the proprietor rights to develop and deal with the land, such as transferring or leasing it.
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The document discusses the arbitration process between EPS and GI regarding a death insurance claim.
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Historical background
The document summarizes the history of land law in Malaysia. It describes how (1) Malay customary tenure originally involved acquiring land through clearing and cultivation, paying taxes to the ruler; (2) English common law was gradually introduced through charters in the Straits Settlements; and (3) the Torrens system of land registration was introduced in stages in the Federated Malay States in the late 19th century, culminating in uniform land laws by 1911 and an updated Land Code in 1928.
Lease of reserved land
This document discusses the lease of reserved land under Sections 62-64 of the Malaysian law. [1] It outlines the process by which land can be reserved for public purposes like hospitals and schools. [2] The State Authority has the power to grant leases of up to 21 years for reserved land, provided the land is not being used for its designated purpose. [3] The reserved land status can be revoked by publishing a notice of proposal and holding an inquiry into any objections, before finalizing the revocation.
Rent
Rent is an annual payment due to the state authority for alienated land. If rent is not paid, it becomes a debt owed to the authority and can be recovered through legal means. Rent is typically due at the start of each calendar year and becomes overdue if not paid by June 1st. It must be paid at the land authority's office. The rate is set by state land rules based on land type and use. If rent is in arrears, a notice will be served and the land can be forfeited if payment is not made within 3 months. Others can pay rent on behalf of the proprietor. Rent can be revised by the authority.
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David purchased a wedding package from Syarikat Cinta Sejati that included clothes and photographs. However, he was dissatisfied with the quality of the photographs and clothes provided. The most appropriate method for David to seek compensation other than litigation is through the Tribunal for Consumer Claims. The procedures for bringing a claim to the tribunal include filing a claim form, serving notice to the respondent, attending a negotiation session, a tribunal hearing if needed, and the tribunal issuing a final binding decision with possible compensation for David.
Tenancy exempt from registration (txr)
The document discusses tenancy exempt from registration (TXR) under Section 213(1) of the National Land Code. TXR refers to a letting of land for a period not exceeding 3 years that is not required to be registered. The document outlines different types of TXR and how a tenant can protect their interest in a TXR by endorsing it on the land title register before the landlord transfers the land. Failure to endorse means the tenant's interest is not binding on future owners.
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This document discusses key aspects of the Torrens land registration system in Malaysia. It defines dealings under the system, outlines the types of dealings that can be registered (transfers, leases, charges, easements), and specifies that no title or interest is created until registration. It also describes the process of registering dealings, including using the proper instrument, entering details in the presentation book, and making a memorial on the register document of title. Finally, it discusses when the registrar can register or reject instruments and make corrections to titles.
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The document discusses key provisions and definitions related to dealings and transfers of alienated land under Malaysia's National Land Code (NLC). It covers definitions of dealings, transfers, leases, tenancies exempt from registration (TER), and estate land. It also discusses requirements for instruments, registration, and consent needed for different types of transfers and leases. Case studies are presented to illustrate applications of the NLC provisions.
Dealings and registration
This document discusses various types of dealings and registration requirements under Malaysian land law. It explains that transfers, leases, charges, and easements are considered dealings, but only transfers, leases, charges, and some easements must be registered. It provides details on what constitutes interests in land, as well as the registration process and effects of registering transfers, leases, charges, and tenancies. Specifically, it notes that registration is required for transfers and leases to take legal effect, while unregistered leases and contracts are still valid. The document also discusses requirements for endorsing tenancies on land titles.
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A charge is a security interest created over land to secure repayment of a debt. It does not involve transferring ownership of the land, unlike a mortgage. Key aspects of a charge include the parties (chargor as landowner/borrower and chargee as lender), creation through execution and registration of charge documents, and remedies available to the chargee such as auction if the chargor defaults. An equitable/unregistered charge may also exist through possession of title documents by the lender, though it is not as strong an interest as a registered statutory charge.
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Removal of rock material
The document discusses regulations regarding the removal of rock material from various types of land in Malaysia. It outlines that the State Authority may permit extraction from state, alienated, mining, and reserved lands. Permits must be issued by the relevant land administrator and are valid only for the calendar year issued. Permits cannot be assigned or transferred upon death and holders must pay penalties for operating after expiration. Permits may require a deposit from the holder to ensure performance of obligations and land rehabilitation. Acts under a valid permit do not breach any conditions affecting the land under other laws.
Tol
(1) A Temporary Occupation License (TOL) allows temporary occupation of state land, mining land, or reserved land for a specified purpose.
(2) A TOL is issued by the Land Administrator with approval from relevant authorities and is valid only until the end of the calendar year. It can be renewed up to three times with approval from the State Authority.
(3) A TOL holder has rights of possession of the land but cannot transfer or assign the license. The license terminates upon the death of the holder or dissolution of a company holder.
Tol
(1) A Temporary Occupation License (TOL) allows temporary occupation of state land, mining land, or reserved land for a specified purpose.
(2) A TOL is issued by the Land Administrator with approval from relevant authorities and is valid until the end of the calendar year. It can be renewed up to three times.
(3) A TOL holder has rights of possession but cannot transfer or assign the license to another party. The license terminates upon the death of the holder or dissolution of a company holder.
Tol
This document summarizes the key provisions of the Temporary Occupation License (TOL) Law 504 in Malaysia. It outlines that a TOL can be issued for state land, mining land not currently used for mining, and reserved land not currently used for its designated purpose. A TOL is issued by the relevant land administrator and is valid for one year or less, with the possibility of renewal up to three times. A TOL holder has rights of possession but cannot transfer or assign the license. Upon termination, the holder is also not entitled to compensation.
Permit to use air space
This document outlines the process for obtaining a permit to use air space above state or reserved land in Malaysia based on Sections 75A-75G. Key points include:
1) The State Authority has the power to approve permits for erecting, maintaining, and occupying structures in air space above state or reserved land.
2) Applications must include prescribed fees, structure details and plans approved by planning authorities, and consent for structures above reserved land.
3) If approved, the Land Administrator will issue the permit subject to annual fees and other specified terms and conditions.
4) Permits cannot be assigned without state consent and security deposits may be required. Permits can also be cancelled immediately for breaches or
Alienation
Alienation is the best mode for the state to dispose of state land as it conveys ownership rights to the applicant. The process involves applying for land, getting approval from the state authority, paying land revenue, conducting a survey, and registering the title document. Once registered, the title is indefeasible and gives the proprietor rights to develop and deal with the land, such as transferring or leasing it.
Alienation of Land
The document provides an overview of the process of alienating state land in Malaysia. It begins by defining alienation as conveying or giving away the right and title to a piece of state land. It then outlines the main steps in the alienation process, which include applying for the land, approval and payment of land revenue, surveying, and preparing and registering the title. It discusses important concepts like qualified and final titles, as well as the effects of registering the title, which makes it conclusive evidence of ownership and gives the proprietor indefeasible rights over the land.
Subsidiary rights
This document summarizes subsidiary rights under the National Land Code 1965. It discusses that mineral, rock material and forest produce on land are property of the State and do not pass to the proprietor or lessee. The proprietor, lessee or licensee has limited rights to extract and use rock material and forest produce within land boundaries but requires additional permits to remove them beyond boundaries. They also require mining leases to extract metals and minerals. The document further outlines rights of access reserved for the State Authority on alienated land.
Subsidiary rights
The document discusses subsidiary rights under the National Land Code 1965. It states that mineral, rock material and forest produce on land are property of the State, and the ownership does not pass to the proprietor or lessee. The proprietor, lessee and licensee have limited rights to extract and use rock material and forest produce within land boundaries but require permits to remove them beyond boundaries. They do not have rights to extract metals or minerals without a mining lease.
Conditions and restrictions in interest
The document discusses land use categories and conditions that may be imposed by authorities when approving the alienation of land. The State Authority can designate land as being for agricultural, building, or industrial use and endorse this on land titles. Standard conditions placed on land titles prohibit transferring, leasing, or mortgaging the land without government permission. The proprietor may apply to change the designated land use category or remove/amend conditions. The State Authority must ensure all interested parties consent before approving any changes. Payment of premiums or other costs may also be imposed for conversions. Breach of conditions can lead to forfeiture of the land.
Subsidiary rights
This document outlines subsidiary rights and restrictions on land use in Malaysia. It discusses that mineral and forest resources belong to the state even on alienated land. The proprietor has rights to extract resources within boundaries but needs permits to transport them outside. Rights do not include metal/minerals which require mining leases. If land is reduced by sea erosion, the proprietor loses that area but if land increases, the added area stays as state land. The state also has rights of access to install infrastructure with notice and compensation for damage except to buildings. Land is classified as town, village or country land and can be zoned for agriculture, building or industrial uses.
Conditions and restrictions in interest
The document discusses land use categories and conditions that may be imposed when land is alienated by the State Authority (SA). It outlines how the SA can endorse categories of agricultural, building, or industry land use. The SA can also impose limitations on transferring, mortgaging, or leasing the land without SA permission. The document then examines options for varying the land use category or conditions and the process for determining a breach of conditions that could result in land forfeiture.
Conditions and restrictions in interest
The document discusses land use categories and conditions that can be imposed on alienated land in Malaysia. It explains that the State Authority (SA) can impose categories of agricultural, building, or industry land use when approving an alienation application. The SA can also impose limitations on the proprietor's ability to transfer, mortgage, or pledge the land without state permission. The SA has powers to impose express or implied conditions depending on the land use category. A proprietor can apply to the SA to vary the land use category or conditions, and the SA may approve conversions with additional payments or compliance with other requirements. A breach of conditions could result in the land being forfeited by the SA.
Ohio House Bill 493 "Truth in Leasing" for Oil & Gas Leases
A bill introduced into the 129th General Assembly in Ohio by Rep. Mark Okey (D-Carrollton) in July 2012. The bill is supposed to fix "predatory" practices by oil and gas companies. But it also introduces new drilling rules aside from leasing practices. This is anti-drilling legislation.
National Land Code 1956
This document is the National Land Code of Malaysia which governs land administration and management. It contains several parts and chapters that cover topics such as:
1) The administration of land matters by federal and state authorities.
2) The powers of the state authority regarding the disposal and use of state land.
3) The disposal of land including reservation, temporary occupation, removal of materials, and alienation (transfer of ownership rights).
4) Incidents of alienated land including rent collection, conditions and restrictions, forfeiture, sub-division and amalgamation.
5) Final land titles and qualified land titles, and the preparation and maintenance of land registers.
National land code 1965
This document is the National Land Code of Malaysia which governs land administration and management. It contains several parts and chapters that cover topics such as:
1) The administration of land matters by federal and state authorities.
2) The powers of the state authority regarding the disposal and use of state land.
3) The procedures for disposing of land, including reservation, temporary occupation, extraction of materials, and alienation (transfer of ownership).
4) The incidents and registration of titles for alienated (transferred) land, including rent, conditions, restrictions, forfeiture, sub-division and amalgamation.
5) The preparation and maintenance of land title registers on final and qualified titles
LAND LAW 1 Forfeiture 2014
This document summarizes procedures and conditions for forfeiture of land under the National Land Code of Malaysia. It outlines that land can be forfeited due to non-payment of rent or breach of conditions. The procedures for forfeiture due to non-payment include serving notices, making an order for forfeiture if payment is not made, and publishing a notification. Land can also be forfeited for breach of express or implied conditions, such as failure to develop the land. The registered proprietor may be fined or instructed to remedy the breach before forfeiture is enforced. Forfeited land reverts to the State Authority free of titles and interests. Appeals against forfeiture orders can be made to the High Court within 3 months.
LAND LAW 1 Forfeiture 2014
This document summarizes procedures and conditions for forfeiture of land under the National Land Code of Malaysia. It outlines that land can be forfeited due to non-payment of rent or breach of conditions. The procedures for forfeiture due to non-payment include serving notices, making an order for forfeiture if payment is not made, and publishing a notification. Land can also be forfeited for breach of express or implied conditions, such as failure to develop the land. The registered proprietor may be fined or instructed to remedy the breach before forfeiture is enforced. Forfeited land reverts to the State Authority free of titles and interests. Appeals against forfeiture orders can be made to the High Court within 3 months.
Land law 1 alienation 2014
The State Authority has wide powers with respect to the disposal and alienation of state land under the National Land Code 1965. The main powers of the State Authority are:
1. The State Authority has the power to approve the alienation of state land. Alienation of state land takes effect upon registration of the title, but the land remains state land until registration.
2. The State Authority determines the conditions for alienation such as the area approved, period of alienation, category of land use, conditions and restrictions to be imposed, and terms of payment such as premium and rent.
3. The State Authority can impose express conditions that are endorsed on the title document, as well as implied conditions relating to the category of land
ലാൻഡ് ട്രിബുണലുകളുടെ ചുമതലകൾ -Role and functions of land tribunals
ലാൻഡ് ട്രിബുണലുകളുടെ ചുമതലകൾ -Role and functions of land tribunalsJamesadhikaram land matter consultancy 9447464502
Land tribunals in Kerala were constituted under the Kerala Land Reforms Act of 1963 to adjudicate issues related to the implementation of the Act. The tribunals consist of a sole member who is a judicial officer or revenue officer not below specified ranks. Originally, the main functions of land tribunals were to determine fair rent for tenants, facilitate purchase of landlord rights by cultivating tenants, and assign kudikidappu land to eligible persons. Over time, additional functions were added regarding land assignments, tenancy rights, mortgage rights, and land ceiling limits. Land tribunals have powers equivalent to civil courts for summoning witnesses, ordering discovery, and other procedural matters needed to carry out their functions under the ActSimilar to Removal of rock material (20)
Ohio House Bill 493 "Truth in Leasing" for Oil & Gas Leases
Ohio House Bill 493 "Truth in Leasing" for Oil & Gas Leases
ലാൻഡ് ട്രിബുണലുകളുടെ ചുമതലകൾ -Role and functions of land tribunals
ലാൻഡ് ട്രിബുണലുകളുടെ ചുമതലകൾ -Role and functions of land tribunals
Removal of rock material
- 1. REMOVAL OF ROCK MATERIAL (SECTIONS 70-75)
- 2. SEC. 70-POWER TO PERMIT… SA may permit the extraction, removal and transportation of any rock material from: a) State land b) Alienated Land; c) Mining Land; d) Reserved Land.
- 3. Sec. 71 – Who shall issue? Shall be issued on behalf of SA a) For state land – by the Land administrator; b) For alienated land - by the land administrator to proprietor land or if the land is registered is A’s but the application for permit is made by C(3rd party), consent from registered owner i.e A , must be obtained. c) For mining land – by the land administrator and approval of senior of mines or other officer related to mining matter; d) For reserved land – by the land administrator and approval of controlling officer of that reserved land.
- 4. Sec. 72 – duration and conditions 1) every permit to extract, remove and transport rock material for a term expiring not later than the end of the calendar year, which it commences. 2) Every permit is subject to provision contained in the permit or other provision. 3) Permit shall be in Form 4C
- 5. Sec. 73 - permits not capable of assignment/transmission on death. A permit shall not be capable of assignment A permit shall terminate on death of holder or dissolution of company If upon expiry, holder continues with extraction, he is liable for penalties – section 426, a fine not exceeding RM10,000 or imprisonment not exceeding 1 year or both.
- 6. Cases; Marble Terrazo Industries Sdn. Bhd. (1991)1 CLJ 109 Puspita Corp. Sdn Bhd. v. Berjuntai Tin Dredging (1994) 3 MLJ 251
- 7. Sec. 74 – deposit in respect of permits. The SA may direct land administrator or officer concerned to request a deposit of a reasonable sum from permit holder as security for:- a) due performance or observance or provision imposed. b) Rehabilitation of the land.
- 8. Sec. 75 – effects of permits on conditions affecting the Land If the land is subject to any condition imposed by any law relating to mining or any other written law, the act of doing anything authorized under permit shall not be taken to constitute a breach of such condition.