RIGHT OF WAY
TEMPORARY OCCUPATION
LICENSE
RESERVE LAND
RIGHT OF WAY
• ‘Public Terminal’ means the foreshore, river, railway
station, public road.
• According to section 387-395, land administrator
may create rights of way over land.
• Characteristic of Land Administrator’s rights of way
• Created for the benefit of state authority/proprietor/
occupier of any alienated land (private right of way)
• Created for the benefit of public (public right of way)
PRIVATE RIGHTS OF WAY
• Public right of way (created for the benefit of
the state authority)
• To pass and re-pass between the reserve land or a
forest reserve and a public terminal
• For the purpose of removing rock material from any
land, to pass and re-pass between the land and a
public terminal.
• Private right of way (created for the benefit of
the proprietor/occupier of alienated land)
• Section 389(3)
• Rights to the proprietor/occupier of that particular
alienated land
• The state authority or the proprietor/ occupier of
any alienated country land may apply to the Land
Administrator in FORM 28a for creation of a private
rights of way
• the cost of surveying, maintaining or repairing
• Private rights of way – by the authority or person
• Public rights of way- state Authority
PUBLIC RIGHT OF WAY
• For the public to pass and re-pass between any
specified area of land and a public terminal.
(section 389(4))
• Section 393(1), compensation are pay to any
person for the use of his land as a Land
Administrator’s rights of way, and any damage in
respect of tress, buildings, crops.
• The amount of compensation are determined by
the Land Administrator.
TEMPORARY OCCUPATION LICENSE
• State Authority can permit the temporary
occupation license of
• State land
• Mining land not for the time being used for the purpose of
mining.
• Reserved land not for the time being used for the purpose
for which it was reserved
Permit be use for purpose of mining or removal of forest
produce (form 4B).
DURATION AND CONDITION OF
PERMIT
• For a term expiring not later than the end of
the calendar year (renew annually).
• License issued for the purpose of any public
exhibition or entertainment depends on the
circumstances.
• Land under TOL, cannot be used for the
purpose of permanent plantation or crops.
• Land under TOL, cannot be used for the
permanent building purpose Renew
annually
• License cannot be transfer to other party.
• License should be terminated on the death of the
person.
• State Authority can terminated the license if the
permit contravene to other interest, without any
compensation.
• State Authority terminate the license with
compensation in the duration of permit.
• Renewal of permit cannot more than 3 times unless
approve by the state Authority.
T.O.L No. A …….
National Land Code ……………………
District
FORM 4A
(Section 67)
TEMPORARY OCCUPATION LICENSE
(General Form)
CULTIVATION
PURPOSE OF OCCUPATION -* PRIVATE RESIDENCE
PUBLIC PERFORMANCE, ETC
FEE $ ………………….
Name of Licensee ………………………… Address …………………………………………………………
N.R.I.C. No. …………………………………………………..……………….. is hereby licensed to occupy
the land described below for the purpose, and at the fee, specified above.
Occupation will be subject to the provisions scheduled below and to any other provisions
prescribed by Rule.
Issued this ……………. Day of …………………. 19……….
………………………………………...
Land Administrator/Authorised Officer
DESCRIPTION OF LAND
*Town/Village/Mukim …………………………………………….……..……………………. …………….
*State Land/Reserve/Mining Land(Lease or M.C. No.) ……………….. …………………………………….
Locality ( or *Lot/L.O. No. if any) ……………………………………..….. ……………………………..
Area of Land to be occupied ………………… (*Sketch Plan overleaf).
SCHEDULE
(1) This licence shall commence on ………………………... ………
and expire on *31 st December / ……………………….
(2) This licence *is not capable / is capable under Rule
………….…………. of assignment.
(3) This licence shall terminate in the event of the death of the
person, or dissolution of the body, for the time being entitled to its benefit.
(4) The land under licence may not be used-
(a) for any purpose other than that stated above;
(b) for the planting of permanent crops;
(c) for the erection of any permanent building or other permanent
structure.
(5). This licence may be cancelled-
(a) immediately, and without payment of compensation, upon the breach
of any provision to which it is subject;
(b) upon payment of compensation (to be agreed or determined
in accordance with the provisions of section 434 of the national Land
Code) at any time before the date of expiry.
………………………..……………………………………………….. Here insert
any additional
………………..……………………………………………………...…
………………..…………………………..…………………………….
provisions
*Delete as appropriate
RESERVED LAND
• Definition
• Reserved land means land for the time being reserved for a
public purpose in accordance with the provisions of section
62 or of any other land law.
TYPES OF RESERVED LAND
• Malay Reserved land
• Enactment of Malay Reserved land 1933
• Reserved forest
• Reserved land for native (orang asli) 1954
• Reserved land for wildlife animal 1972
RESERVE LAND
• State Authority can lease the reserve land for other
purpose.
• Only the reserved land are use for public purpose
• The reserved land for railway purpose.
• Can be lease for 21 years. (section 63)
• Form 4E
National Land Code
Form 4 E
( Section 63 )
LEASE OF RESERVED LAND
Term of ……………………….. Expiring on ……………………
Upon application by ………………………………………….... made with
the prior approval of the officer having control of the land reserved under
…………………………… G.N. No. ……………… the land scheduled below and
shown in the plan, being *the whole / part of the said reserved land, is leased for
the above term of …………… to ……………. N.R.I.C. No. ……………………..
subject to the conditions below, in consideration of the due payment of the rent of
$ ……………… to be paid not later than the …………………………… day of the
month of …………………………… each year.
By command of the State Authority.
Granted this ……… day of ……………., 19………..
………………………………
Land Administrator
(L.S.) District ………………………………..
SCHEDULE OF LAND
District ………………………………………………………………………….…..
*Town/Village/Mukim ………………………….……… …………………………..
Lot No. ……………………….. Area of Lot ………………………………………
CONDITIONS
(1) This lease shall terminate in the event of the death of the
person, or dissolution of the body, for the time being
entitled to its benefit.
(2) This lease may be terminated by the State Authority
immediately upon, or at any time after, the occurrence of a
breach of any rule, term or condition to which it is subject
without payment of any compensation.
(3) This lease may be terminated by the State Authority at its
discretion at any time before the date of expiry of the lease
notwithstanding that it has not become liable to termination
for breach of any rule, term or condition, upon payment of
such compensation as may be agreed or determined under
section 434 of the National Land Code.
…………….……………….…………………….. ………………… Here insert
……………………………………………………………………….. any additional
……………………………………………………………………….. provisions
………………………………………………………………………..
*Delete as appropriate
CONDITIONS
• The lease shall terminate in the event of the death
of the person
• The lease shall terminate by the State Authority
immediately upon, when occur of breach of rule,
term or condition without payment of any
compensation.
• The lease may terminate by the State Authority at its
discretion at any time before the date of expire,
upon payment of compensation.
MALAY RESERVE LAND
• What is the Malay Reserved land
• Lands are reserved for Malay.
• To ensure that Malay has the rights and interest
on the part of the country land
• Transfer/ lease of MRL
• Section 8 – enactment of Malay Reserved land –
transfer of malays reserve land to other races are
prohibits.
• Cancel of the status of MRL
• Section 4(i)(b), Gabenor of the state can cancel
the status of the MRL.
REMOVAL OF ROCK MATERIAL
• Section 45, person or body to whom land has been
disposed are prohibit from
• extract any metal or material from any rock material in or
upon the land
• remove beyond the boundaries of the land any rock
material or forest produce extracted or taken from the land.
• Permit can be given
• State land – approve by the Land Administrator /PTG
• Alienated land - approve by the Land Administrator /PTG/
Owner
• Mining land approve by the Land Administrator /PTG
• Reserve land – approve by the Land Administrator /PTG
CONDITION OF PERMIT
• End of the year.
• Not use for other purpose as state on the
permit.
• Cannot over the limit of the removal of the
material as state at permit.
• The lease shall terminate in the event of the
death of the person
• The permit terminate when occur of breach
of rule, term or condition without payment
of any compensation.
• The permit may terminate at its discretion at
any time before the date of expire, upon
payment of compensation.
Permit No. B …….
National Land Code …………………….
District
Form 4 B
( Section 69 )
TEMPORARY OCCUPATION LICENCE
(Special Form)
PURPOSE OF OCCUPATION - EXTRACTION, PROCESSING AND REMOVAL OF
ROCK MATERIAL, VIZ. ……………
Fee $ …………… (Ringgit ………………..………) Receipt No. ……………………
Occupation Fee $ …………… (Ringgit …………………….) Receipt No. ………………………
This licence is for a term of …………….. expiring …………… Name of Licensee
………………………………………………. Address ……………………………………………….
N.R.I.C. No. …………………………………………………….. is hereby licensed to occupy the
land described below for the purpose, and at the fee, specified above.
Occupation will be subject to the provisions scheduled below and to any other provisions
prescribed by Rule.
Issued this ……… day of ……………………., 19………..
………………………………………..
Land Administrator/Authorised Officer
DESCRIPTION OF LAND
*Town/Village/Mukim ……………………………………..…… *State Land/Reserve/Mining
SCHEDULE
(1) The maximum quantity of rock-material which may be extracted shall be –
(i) …………… per annum, or
(ii) …………… in all, over the whole period.
(2) In addition to the occupation fee (if any) stated above a fee shall be payable at the rate of
$ …………… per ………… (unit quantity of the rock-material).
(3) This licence *is not capable/is capable under Rule ………………………………..… of
assignment.
(4) This licence shall terminate in the event of the death of the person, or dissolution of the body,
for the time being entitled to its benefit.
(5) The land may not be used for any purpose other than the extraction, processing or
removal of the type of rock-material specified above.
(6) The Licensee may erect and use on the land such kilns, workshops, store rooms as are specified
below -
………………………………………………………………………………………………………
………………………………………………………………………………………………………
(7) This licence may be cancelled -
(a) immediately, and without payment of compensation, upon the breach of any
provision to which it is subject.
(b) upon payment of compensation ( to be agreed or determined in accordance with
the provisions of section 434 of the National Land Code ) at any time before the date
of expiry.
………………………….…………………………………………………………………. Here insert
…………………………..……….………………………………………………………... any additional
provisions
*Delete as appropriate
Permit No. C …….
…………………….
National Land Code District
Form 4 C
( Section 72 )
PERMIT TO REMOVE ROCK-MATERIAL
Fee $ …………… (Ringgit ……………………………………) Receipt No. ……………………
Name of Permit-holder ………………….…………………………………………………….
Address …………………………………………. N.R.I.C. No. ……………………………………..
is hereby permitted to enter on, and extract and remove rock-material from, the land described below
subject to the provisions as scheduled and to any other provisions prescribed by Rule.
Issued this ………… day of ……………………., 19……..
..………………………………………..
Land Administrator/Authorised Officer
DESCRIPTION OF LAND
*Town/Village/Mukim ……………………………….……..…… *State Land/Reserve/Mining
Land(Lease or M.C. No.) ……….. Locality ( or *Lot/L.O. No. if any) …………………………..…..
SCHEDULE
(1) This permit shall commence on ………………………………….. and expire on
*31 st December/ ………………….
(2) No rock-material may be extracted or removed other than …………………….
……………………………………………………………
(3) The maximum quantity of such material which may be extracted shall be
…………………………….……………
(4) A fee shall be payable at the rate of $ …………. per …..……………………
(unit quantity of the rock-material).
(5) This permit *is not capable/is capable under Rule ………..…………………..… of
assignment.
(6) This permit shall terminate in the event of the death of the person, or
dissolution of the body, for the time being entitled to its benefit.
(7) The land may not be used for any purpose other than the
extraction, and removal of the type of rock-material specified above.
(8) This permit may be cancelled -
(a) immediately, and without payment of compensation, upon the breach of
any provision to which it is subject.
(b) upon payment of compensation (to be agreed or determined in accordance
with the provisions of section 434 of the National Land Code) at any time
before the date of expiry. Here insert
……………………..…………… ……………. ……….……………………... any additional
…………………….……………………….. ………………………………….
*Delete as appropriate provisions
National Land Code Permit No. D …….
Form 4 D …………………….
( Section 75A ) District
PERMIT TO USE OF AIR SPACE ABOVE
*STATE LAND/RESERVED LAND
Name of Permit-holder ……………………………………………………………………...
Address ………………………………………………………………………………………
N.R.I.C. No. ……………………………………………………….. is hereby permitted to
use the air space above the land described below for the purpose of erecting, maintaining
and occupying such *structure/s as may be approved by the State Authority, subject to the
conditions specified below and to the provisions prescribed by Rules.
Issued this ………… day of ………………………., 19………..
………………………………………..
Land Administrator
DESCRIPTION OF LAND
*Town/Village/Mukim ……………………………….……..……………………………..
*State Land/Reserve/Mining Land(Lease or M.C. No.) ………….……..….
Locality ( or *Lot/L.O. No. if any) ……………………………..….. ………………………
Area of Land to be occupied …………… (*Sketch Plan overleaf).
CONDITIONS
(1) This permit shall commence on …………………….. and expire on
*31 st December/ ………………….
(2) The air space over the *State land/reserved land shall not be used for
any purpose other than for erection, maintenance and occupation of
the structure/s described below for which the permit is issued -
……………………………………………………………………………
……………………………………………………………………………
(attach a certified true copy of the approved building plan).
(3) This permit may be cancelled under section 75G.
(4) This permit shall not be capable of assignment, except with the
prior consent of the State Authority.
…………..…………………………. ……….…………………..……... Here insert
…………..……………………………….……………………….…….. any additional
…………..………………………………………………………………. provisions
*Delete as appropriate
QUESTION
• A contractor wants to remove the sand from the
sea bed which is 5 nautical (20km) from the
shoreline. What the advise can be give to the
contractor?
ANSWER
• Land 20km from the shoreline is held under state
land.
• Contractor need to apply for a permit to remove
the sand.(form 4c)
• The condition that need to obey by the contractor
• The permit terminated end of the year.
• Cannot be use for other purpose other than state in the
permit
• Amount of removal of sand cannot more than the amount
that state in the permit.
• Cannot be transfer the rights of permit to other party
• Terminate in the event of the death of the person
• The permit terminate when occur of breach of rule, term or
condition without payment of any compensation.
• The permit may terminate at its discretion at any time
• What type of form that used
• Form 4A- Temporary Occupation License
• Form 4B – Temporary Occupation License (special case –
removal of rock material)
• Form 4C – Removal of rock material
• State authority dispose a 100ha land to a developer
for economic purpose of that area. You, as a land
surveyor are appointed to survey the boundary of
the land according to the site plan. But, after the
boundary survey, you found out that the alienated
land are encroach part of the reserve forest and
some alienated land.
Reserve forest
DEVELOPER
Ali
Lot 1004
SOLUTION 1
• Apply on behalf of the developer apply to the land
administrator, to buy the part of encroached land
or surrender the land.
• The land administrator will refer to the ministry of
forestry to cancel the usage of the reserved forest
(overlap part).
• Land office will offer the premium to the land owner
(Ali) for the part of the land.
SOLUTION 2
• If Ali insisted that he don not want to sell the
land to developer.
• Land office can withdraw of Ali land
according to LAND ACQUISITION ACT 1960
• For any public purpose
• By any person of corporation for any purpose
which in the opinion of the State Authority is
beneficial to the economic development of
Malaysia
• For the purpose of mining or for residential,
agriculture, commercial or industrial purpose.
THE END
ASSIGNMENT II
QUI Z I I NEXT WEEK
