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UNIT 3
DISPOSAL OF LAND BY OTHER THAN ALIENATION
OBJECTIVES

General Objective To understand the concepts and matters relating to disposal of land by other than alienation. Specific Objectives At the end of the unit you will be able to: define temporary occupation of land. recall matters relating to temporary occupation licence (TOL) such as the types of land that can be granted with TOL and terms and conditions of TOL. know the differences between permits Form 4A, Form 4B and Form 4C. state matters relating to permits Form 4B, 4C and 4D, define the meaning of reserved land for public purposes, differentiate reserved land for public purposes with other types of reserve land. explain leasing on reserved land for public purposes. describe the process of revocation of reserved land for public purposes.

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INPUT

Other than by alienation, the State Authority may dispose land by giving TOL, 4B Form Permit,4C Form Permit and 4D Form Permit and by reservation of land

3.1

TEMPORARY OCCUPATION OF LAND (Form 4A) Temporary Occupation Licence(TOL) is a licence that is issued under Chapter 2 Part 4 National Land Code. TOL is a form (Form 4A) of disposal of land by the State Authority i.e. to allow land to be occupied or used. 3.1.1 Purpose Of Issue

TOL (4A) is issued for temporary used only for:a) cultivating for non permanent and seasonal crops. b) to build a house or temporary building or that can be removed c) public shows e.g. circus 3.1.2 Limitation Of Purpose For Which TOL Can Be Issued [s. 65 (2)] TOL (4A) cannot be issued for the following purposes: a) Mining b) To remove rock materials and forest produce.
Definitions of Rock material Rock material means any rock, stone, granite, limestone, marble, gravel, sand, earth, laterite, loam, clay, soil, mud, turf, peat, coral, shell or guano with in or upon any land , and includes also any bricks, lime, cement or other co mmodity manufactured therefore. (NLC Sec. 5)

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3.1.3

Lands In Respect Of Which TOL May Be Issued [s.65 (1)]

TOL can be issued in respect of any of the following lands: a) State land, b) Mining land not for the time being used for purposes of mining, c) Reserved land not for the time being used for purposes for which it was reserved. A TOL cannot be issued within a permanent reserved forest land as defined in the National Forestry Act 1984 as adopted by the States. 3.1.4 Person/Body To Whom TOL Can Be Issued

TOL can be granted to the following persons and bodies that is stated in Section 43 (NLC). The following persons and bodies are: a) natural persons other than minors, b) corporations having power under their constitutions to hold land, c) sovereigns, governments, organizations and other persons authorized to hold land under the provisions of the Diplomatic and Consular Privileges Ordinance, 1957, d) bodies expressly empowered to hold land under any other written law. Other than those stated, TOL can also be issued to to the following persons; a) Only to the Malays as for Malay Reservation Land, b) Only to the indigenous people as for Indigenous Reservation Land, c) Only to the Kelantanese as for Kelantan State Land. 3.1.5 Authority To Issue TOL ( s.66)

In the absence of contrary direction by the State Authority, a TOL can be issued as follows: a) by the Land Administrator(LA) in respect of the State land, b) by the Land Administrator(LA) in respect of mining land provided that the Senior Inspector of Mines or such other officers as may for the time being be charged with the administration within the State of any written law relating to mining, the lessee and any person/body entitled to the benefit of the mining lease/certificate have consented to the granting of TOL, c) by the Land Administrator(LA) in respect of reserved land provided the officer who is in control of it has consented to the granting of the TOL. S.66 (c)(ii) also provides that TOL can be approved by the officer who is in control of it if he is being authorized to do so by the State Authority. The contrary direction of the State Authority may be to the effect that TOL cannot be approved by the LA or a TOL can be approved only when a certain body or committee has given its consent.

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However, Land Administrator has no power to issue TOL to rivers that has been gazzeted by the State Authority.

3.1.6

Terms And Conditions Of TOL

By virtue of section 67(1) and (2) and 68 of the NLC, every TOL. issued is subject to the following conditions:i) It will expire at the end of the year in which it commences unless it is for the purpose of enabling any public exhibition or entertainment to be held; ii) It should not be used for any purposes other than that stated in it; iii) It should not be used for the planting of permanent crops; iv)It should not be used for the erection of any permanent building or other permanent structure; v) It may be renewed annually; vi)It is not capable of assignment; vii) It shall terminate in the event of the death of the person or the dissolution of the body to whom it was issued; viii) It may be cancelled immediately, and without payment of compensation upon the breach of any provision to which it is subject; ix)It may be cancelled upon payment of compensation (to be agreed or determined in accordance with section 434 of the NLC) at any time before the date of expiry. The conditions as in paragraphs (i) and (vii) could be different if the State Land Rules specifies a different expiry date for a TOL and contains a provision for assignment. The licence may contain other conditions as provided in the State Land Rules. It is to be noted that any other conditions prescribed in the State Land Rules should not be contrary to any of the conditions as in paragraphs (iii), (iv), (vii), (viii) and (x).

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3.1.7

Renewal Of TOL

S. 67 (1) of the NLC provides that TOL may be renewed annually. S.67(3) provides that subject to the condition under which a TOL is issued, the Land Administrator may on the application of a licencee renew such licence for a term not more than one calendar year. S.67 (4) provides that the renewal is to be effected by endorsing a note of renewal and the date of its intended expiry on the existing licence. S.66 (1) provides that TOL can be renewed by the Land Administrator only if there is no contrary direction by the State Authority. 3.2 COMBINED TOL AND PERMIT TO EXTRACT AND REMOVE MATERIAL (Form 4B) The combined TOL and permit is issued in Form 4B of the NLC. 3.2.1 Purpose Of Issue ROCK

The purpose of issuing such a licence is to cater for a situation where extraction of rock material cannot be carried on without the rights of occupancy. With such a licence, the licensee can occupy the land and at the same time extract, process and remove the rock material. 3.2.2 Lands In Respect Of Which Combined TOL And Permit May Be Issued [s.65 (1)]

Combined TOL and permit can be issued in respect any of the following lands: a) State land, b) Mining land not for the time being used for purposes of mining, c) Reserved land not for the time being used for purposes for which it was reserved. A TOL cannot be issued within a permanent reserved forest land as defined in the National Forestry Act 1984 as adopted by the States. 3.2.3 Person/Body To Whom Combined TOL And Permit Can Be Issued

The combined TOL and permit can be issued only to any of those stated in S.43 of the NLC. 3.2.4 Limitation Of Purpose For Which Combined TOL And Permit Can Be Issued (s.69(1)

Combined TOL and permit cannot be issued for the purpose of: a) Extracting mineral or metal from the land

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b) 3.2.5

Removal of forest produce. Authority To Issue The Combined TOL And Permit (Form 4B)

In the absence of contrary direction by the State Authority, a TOL can be issued as follows: a) By the Land Administrator(LA) in respect of the State land, b) By the Land Administrator(LA) in respect of mining land provided that the Senior Inspector of Mines or such other officers as may for the time being be charged with the administration within the State of any written law relating to mining, the lessee and any person/body entitled to the benefit of the mining lease/certificate have consented to the granting of TOL, c) By the Land Administrator(LA) in respect of reserved land provided the officer who is in control of it has consented to the granting of the TOL. S.66 (c)(ii) also provides that TOL can be approved by the officer who is in control of it if he is being authorized to do so by the State Authority. The contrary direction of the State Authority may be to the effect that TOL cannot be approved by the LA or a TOL can be approved only when a certain body or committee has given its consent. 3.2.6 Terms And Conditions Of Combined TOL And Permit (Form 4B)

By virtue of section 69 of the NLC, every combined TOL and permit issued is subject to the following conditions: i) It will expire at the end of the term specified in it; ii) It should not be used for purpose other than the extraction processing and removal of rock material as stated in it; iii) The quantity of rock material extracted should not exceed the quantity as specified in it; It is not capable of assignment; v) It shall terminate in the event of death of the person or dissolution of the body to whom it was issued; vi) It may be cancelled immediately, and without payment of compensation upon the breach of any provision to which it is subject; vii) It may be cancelled upon payment of compensation (to be agreed or determined in accordance with section 434 of the NLC) at any time before the date of expiry. The condition as in paragraph (i) could be different if the State Land Rules contains a provision for assignment. The combined TOL and permit may contain other conditions as provided in the State Land Rules.

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3.2.7

Maximum Period For Which The Combined TOL And Permit Can Be Issued (s.69(1)(b))

The maximum term of a combined TOL and permit should not exceed five years. There is no renewal.

O.K .folkslets try some activities now

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Activity 3a

TEST YOUR UNDERSTANDING BEFORE YOU CONTINUE WITH THE NEXT INPUT! Circle the correct answer. 3.1 What does TOL. mean? A) Tenancy On Land B) Temporary Order Land B) Temporary Occupation of Land D) Temporary Occupation Licence Section ________ of NLC contains a detailed description of the authority given to issue TOL. B) C) D) 3.3 66 65 64

3.2 A) 67

State the purposes of issuing TOL : a) _____________________ b) _____________________ c) _____________________ 3.4 State the types of land of which TOL can be issued a) _____________________ b) _____________________ c) _____________________ From the list below, choose the conditions that are determined by the State Authority upon the approval TOL.

3.5 I) II) IV)

planting permanent crops renewed annually III) can be used only for purpose stated in it can be used for the erection of any permanent building or struture A) B) I and III II and III C) D) I, II and IV I, III and IV

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3.6 Combined TOL. And Permit To Extract And Remove Rock Material is issued in Form _____. 3.7 The purpose of issuing Combined TOL. And Permit To Extract And Remove Rock Material is ______________________________________________.

3.8 Name the person/body to whom the Permit To Extract And Remove Rock Material can be issued. ______________________________________ ______________________________________ ______________________________________

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Feedback to Activity 3a

3.1 3.2 3.3

D B a) Cultivating for non permanent crops and seasonal crops. b) To build a house or temporary building or that can be removed c) Public show e.g. circus a) State land b) Mining land not for the time being used for purposes of mining; c) Reserved land not for the time being used for purposes for which it was reserved B 4B to cater for a situation where extraction of rock material cannot be carried on Natural persons other than minors Corporations having power under their constitutions to hold land Sovereigns, governments, organizations and other persons authorized to hold land under the provisions of the Diplomatic and Consular Privileges Ordinance, 1957.

3.4

3.5 3.6 3.7 3.8

Yabedabedoo. Questions seem easy..

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INPUT

3.3

PERMIT TO EXTRACT AND REMOVE ROCK MATERIAL (FORM 4C) The granting of a permit Form 4C is another way of disposal of land by the State Authority. 3.3.1 Purpose Of Issue

The permit is issued to extract and remove rock material. 3.3.2 Lands Of Which A Permit May Be Issued (s.70)

A permit to extract and remove rock material can be issued in respect of any of the following lands: a) State land b) Alienated land c) Mining land d) Reserved land 3.3.3 Person/Body To Whom A Permit Can Be Issued (s.43)

Permit can be granted to the following persons and bodies: a) Natural persons other than minors b) Corporations having power under their constitutions to hold land c) Sovereigns, governments, organizations and other persons authorized to hold land under the provisions of the Diplomatic and Consular Privileges Ordinance, 1957. 3.3.4 Limitation Of Purpose For Which A Permit Can Be Issued (s.70)

A permit for extraction and removal of rock material cannot be issued for the following purpose: a) Obtaining metal or mineral from the land b) Removal of forest produce

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3.3.5

Authority To Issue Permit (s.71)

In the absence of contrary direction by the State Authority, a TOL can be issued as follows: d) by the Land Administrator(LA) in respect of the State land, e) by the Land Administrator(LA) in respect of mining land provided that the Senior Inspector of Mines or such other officers as may for the time being be charged with the administration within the State of any written law relating to mining, the lessee and any person/body entitled to the benefit of the mining lease/certificate have consented to the granting of TOL, f) by the Land Administrator(LA) in respect of reserved land provided the officer who is in control of it has consented to the granting of the TOL. S.71 (d)(ii) also provides that TOL can be approved by the officer who is in control of it if he is being authorized to do so by the State Authority. The contrary direction of the State Authority may be to the effect that TOL cannot be approved by the LA or a TOL can be approved only when a certain body or committee has given its consent. 3.3.6 Terms and Conditions Of Permit

By virtue of section 72(1), (2) and 73 of the NLC, every permit issued is subject to the following conditions :i) It will expire at the end of the year in which it is issued even though the total quantity of rock material specified in it has not by then been extracted and removed; ii) It should not be used for purpose other than the extraction and removal of rock material as stated in it; The quantity of rock material extracted and removal should not exceed the quantity as specified in it; It is not capable of assignment; It shall terminate in the event of death of the person or dissolution of the body to whom it was issued; It may be cancelled immediately and without payment of compensation upon the breach of any provision to which it is subject. It may be cancelled upon payment of compensation (to be agreed or determined in accordance with section 434 of the NLC) at any time before the date of expiry. The conditions as in paragraphs (i) and (ii) above could be different if the State Land Rules specifies a different expiry date or contains a provision for assignment. The permit may contain other conditions as provided in the State Land Rules.

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3.3.7

Requirement Of Deposit (s.74)

Land Administrator will request the person/body to whom the permit is to be issued to deposit such a sum of money as security for the following: a. The due performance and observance of the provisions to which the permit is subjected, b. The rehabilitation of land to which the permit relates upon its termination. 3.4 PERMIT TO USE AIR SPACE ABOVE STATE LAND AND RESERVED LAND (Form 4D) Permit To Use Air Space Above State Land And Reserved Land is known also as Form 4D. 3.4.1 Purpose Of Issue

TOL (4D) is issued for temporary used only such as: a) To build , maintain and occupy building or structure over State Land or Reserved Land as an adjunct to any structure on an adjoining land, b) To build, maintain and occupy building on State and Reserved Land. 3.4.2 Application For Permit The NLC (Section 75A) gives the power to the State Authority to approve the issue of permit for the purpose of erecting, maintaining and occupying a structure as stated in the NLC. Any application for a permit under s.75A shall be addressed to the Land Administrator and accompanied by: a) such fee as may be prescribed, b) details of the structure to be erected and maintained, c) a plan as approved by the appropriate planning authority i.e. Town Municipal, d) in the case of an application involving the use of air space for the purpose of erecting a structure on or over reserved land, a letter of consent from the officer for the time being having control of that land. 3.4.3 Authority To Issue Permit LA shall issue on behalf of the State Authority. 3.4.4 a) b) Authority To Approve Permit State Authority (except for air space permit for strata title), Land and Mines Officer for strata titles.

If the application for a permit is in respect of reserved land, the consent of the officer in control of the reserved land has to be obtained before the approval can be obtained.

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3.4.5

Conditions Of Permit

Every permit under s.75A shall be issued subjected to the following:a) An annual payment as may be determined by the State Authority b) Such terms and condition as stated in section 75D of the NLC. 3.4.6 Requirement Of Deposit Before Issuing A Permit

Before issuing a permit to use air space, the LA has to collect a sum of money or other form of security to ensure that the permit holder performs and observes the terms and conditions of the permit. But LA can do this only if he is directed to do so by the State Authority (Section 75F of the NLC). 3.4.7 Cancellation Of Permit Upon Breach Of Condition

The permit can be cancelled by the State Authority if the holder commits a breach of the rule, term or condition to which it is subject without payment of compensation. Any deposit or security furnished under section 75F will be forfeited to the State Authority. The cancellation has to be decided by the State Authority. The LA on his own cannot cancel the permit. 3.4.8 Cancellation Of Permit At The Discretion Of State Authority

Section 75G provides that the State Authority can cancel a permit even when the holder does not commit a breach of any rules, terms or conditions. But in this case, the State Authority has to pay compensation as may be agreed or determined under section 434 of the NLC. 3.5 RESERVATION OF LAND FOR PUBLIC PURPOSES

Section 5 of NLC defines reserved land as land for the time being reserved for a public purposes in accordance with the provisions of section 62 or of any previous land law. Land reserved for railway purpose under the provisions of section 24 of the F.M.S. Land Code (Cap 138) or the corresponding provision in the State land laws is also reserved land as defined in NLC. Reserved land is normally maintained by officers of the STATE OR Federal departments or by officers of the statutory bodies (including local authorities).

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3.5.1 a) b) i. ii. iii. iv. 3.5.2

Difference Between Reserved Land And Other Reserves Reserved land: Reserved land (or land reserved for a public purpose) is created under s.62 or the corresponding provision in the previous State land laws. Other reserves: Malay Reservation is created under the various Malay Reservation Enactments. Reserved forest is under the various Forest Enactments Aboriginal reserved or area is under the Aboriginal Peoples Act, 1954 Wild life reserve is under the Protection of Wild Life Act, 1972.

Leasing Of Reserved Land (s.63) Leasing is one of the provisions to enable reserved land not used for the purpose to be put to other uses. Only land reserved for a public purpose under s.62 can be leased and this includes land reserved for railway under the previous land laws. Reserved land can be leased for a period of up to 21 years.

3.5.3

Revocation Of Reservation Of Land Reserved For Public Purposes Reservation of any land for a public purpose may be revoked either wholly or partially at any time after the actions under s.64 (2) have been taken. S.64 (2) of the NLC requires the gazetting of the notice of proposal to revoke the reservation together with the details of a time and place at which an equiry will be held. S. 64 (2) also requires the State Authority to consider the report by the State Commissioner of Land and Mines setting out the nature of any objections to the proposal received by him at the enquiry and his observations on those objections and on the proposal generally. Revocation of reservation has to be made if the land reserved is to be alienated or to be reserved for other purposes.
Lets take a short break before we go on to the next activity.

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Activity 3b

Fill in the blanks with the most suitable answer. 3.9 3.10 3.11 3.12 The ______________________ is responsible to issue the Permit (Form 4C) to the relevant person/body. Section _________ of the NLC gives the person/body to which the permit (Form 4C) is to be issued. The Land Administrator will request the person/body to whom the permit is to be issued to _____________________ as as security. According to Section 72 and 73 of the NLC the ____________ of rock material extracted, removed and transported should not exceed the _________ as stated in the terms and condition that has to be followed.

Decide whether the following sentences are true (T) or false (F). 3.13 3.14 3.15 3.16 Form 4C (i) is use to apply the permit to use air space. _____

The Land and Mines Officer has the authority to issue the permit to use air space. _____ Under Section 75A, a plan shall be submit for build a temporary building. application to get the permit to _____

Any application involving the use of air space for the purpose of erecting a structure on or over reserved land shall be submit to the Land Administrator. ______

3.17 3.18

Reserved land is defines in Section 6 of NLC as land being reserved for all public puposes. ______ Reserved land can also be within a Malay Reservation and aboriginal reserve. ______

3.19

Notice of proposal to revoke the reservation of land for public purposes

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is stated in Section 64(2) of the NLC.

______

Feedback to Activity 3b

3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19

Land Administrator 71 deposit a sum of money quantity,quantity. F F T T F T T

Yahoo! Got it all right

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KEY FACTS

Disposal of land can be made for certain reason as stated in the NLC. Form 4A is issued for giving TOL, Form 4B is issued for Combined TOL and Permit, Form 4C is issued for Permit To Extract and Remove Rock material. The forms is being issued by certain person/body who has been given the authority. Section 62 NLC also states the provision of reserve land for public purposes. However, reservation of land can be revoked for other purposes.

All right folks, youre doing well so far, now move on to the Self Assessment part

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SELF-ASSESSMENT 3

1. 2.

State the purpose of issuing the Temporary Occupation Licence (4A). State the differences between reserved land for public purposes and other reserves.

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Feedback To Self-Assessment 3

Have you tried the questions????? If YES, check your answers now. 1. The purpose of issuing the Temporary Occupation Licence is for :TOL (4A) is issued for temporary used only such as; a) Cultivating for non permanent and seasonal crops. b) To build a house or temporary building or that can be removed c) Public shows e.g. circus

2.

The differences between Reserved land and other reserves is as follows :a) Reserved land Reserved land (or land reserved for a public purpose) is created under s.62 or the corresponding provision in the previous State land laws. c) Other reserves i. Malay Reservation is created under the various Malay Reservation Enactments. ii. Reserved forest is under the various Forest Enactments iii. Aboriginal reserved or area is under the Aboriginal Peoples Act, 1954 iv. Wild life reserve is under the Protection of Wild Life Act, 1972.