Act List

Informasi Malay Reservations Enactment

Background to the Malay Reservation Enactment

The Malay Reservation Land Law (hereinafter referred to as the MRE) was introduced on 1 January 1914, when the Malay Reservation Enactment 1913 (MRE 1913) came into force in the states then known as the Federated Malay States (FMS), namely Perak, Selangor, Negeri Sembilan and Pahang. The MRE 1913 was repealed with effect from 15 December 1933 and replaced by the MRE 1933.

In 1935, the MRE 1933 was reviewed and republished as the Malay Reservation Enactment (FMS Chapter 142), and it remains in use today.

Other states subsequently enacted their own MREs:

Kelantan MRE 1930
Kedah MRE 1931
Perlis MRE 1935
Johor MRE 1936
Terengganu MRE 1941

The British did not enact an MRE for Penang, Singapore or Malacca.

Objective of Malay Reservations

There are two main objectives:

To prevent State land within a Malay Reservation from being disposed of, by any means, to non-Malays.
To prevent private dealings between Malays and non-Malays involving Malay Holdings or Malay Reservation Land.

Aim

These objectives are intended to ensure that Malay-owned land remains under Malay control in perpetuity.

DECLARATION

Power to Declare

In Perak, Selangor, Negeri Sembilan and Pahang, where FMS Chapter 142 applies, the power to make a declaration rests with the Menteri Besar, subject to approval by the Ruler in Council. In Johor, the power rests with the State Director of Lands and Mines, subject to approval by the Ruler in Council. In other states, the power rests with the Ruler in Council.

Purpose of Declaration

To establish a Malay Reservation area.
To revoke a Malay Reservation area.
To amend the limits or boundaries of any Malay Reservation.

Land that may be Declared a Malay Reservation

State land
Reserved forest land
Public reserve land
Alienated land

Conditions for Declaration

Only land that has not been developed or cultivated may be declared a Malay Reservation
[Article 89(2), Federal Constitution].
If 100 hectares of new land are declared, another undeveloped or uncultivated area of 100 hectares must also be made available for general alienation
[Article 89(2), Federal Constitution].
If a Malay Reservation area is revoked, wholly or partly, another area in the same State of similar character and equal area must immediately be declared as a replacement. Without such a replacement, the revocation is invalid
[Article 89(3), Federal Constitution].
Land owned or occupied by a non-Malay, or in which a non-Malay has any right or interest, cannot be declared a Malay Reservation
[Article 89(4), Federal Constitution].
For the purposes of the Kedah MRE, town land or land within a Sanitary Board area cannot be declared a Malay Reservation
[Section 3(1), Kedah MRE].
Under the Terengganu MRE, only town or village land may be declared a Malay Reservation
[see definition (d), “Malay Holding”].

A Malay Reservation Remains a Malay Reservation

Any area declared as a Malay Reservation must remain a Malay Reservation unless it is declared and gazetted as revoked by the relevant authority.

Source : INSTUN

Informasi Land Conservation Act

Land Conservation Act

Land Conservation Act 1960 (Act 385)

Application

This Act applies only in the States of Malaya (Peninsular Malaysia) and the Federal Territory of Kuala Lumpur.

As provided under Article 95D of the Federal Constitution, this Act does not apply in the States of Sabah and Sarawak. The Sabah law relating to soil conservation applies to the Federal Territory of Labuan, as provided under section 6(1) of the Federal Constitution (Amendment) Act 1984.

As this Act concerns matters within the legislative jurisdiction of the States, in accordance with Article 76(3) of the Federal Constitution, it is in force in a State only if adopted through that State's law.

Accordingly, the Act has been adopted by the following States through:

Johor Enactment No. 15 of 1960
Kedah Enactment No. 13 of 1960
Kelantan Enactment No. 6 of 1960
Malacca Enactment No. 7 of 1960
Negeri Sembilan Enactment No. 21 of 1960
Pahang Enactment No. 13 of 1960
Penang Enactment No. 4 of 1960
Perak Enactment No. 6 of 1960
Perlis Enactment No. 12 of 1960
Selangor Enactment No. 7 of 1960
Terengganu Enactment No. 9 of 1960

Purpose

To strengthen the law relating to the conservation of hills and the protection of land from soil erosion and silt runoff.

Main Provisions

The main provisions are contained in Parts II and III of this Act. In general, the Act contains:

Provisions for the State Authority to declare an area as hill land, and to prohibit the use of hill land for any purpose other than limited agricultural and mining purposes.
Provisions empowering the Land Administrator to take action against a landowner whose land has caused, or is likely to cause, damage to other land or a watercourse, or has interfered, or is likely to interfere, with cultivation on other land as a result of earth, mud, gravel, silt or stones carried from that land.
Provisions empowering the Land Administrator to take action against a landowner whose land has been, or is likely to be, damaged by erosion or the movement of earth, mud, gravel, silt or stones on or from that land.

Penalty

Any person who, without reasonable excuse, fails to comply with an order made under this Act, or with any provision of this Act requiring that person to do or prohibiting that person from doing an act or thing, is liable to a fine not exceeding five thousand ringgit. In default of payment, the person may be imprisoned for a term which, subject to section 283 of the Criminal Procedure Code and as the circumstances may require, may extend to six (6) months.

Informasi Small Estates (Distribution) Act 1955

Small Estate (Distribution) Act 1955

The Small Estates (Distribution) Act 1955 (formerly known as the Small Estates Distribution Ordinance 1955) is the principal law governing the administration of small estates. Since it came into force, it has undergone several reviews and amendments.

Overall, the Act defines a small estate and explains the relevant jurisdiction and process, from filing an application for the distribution of an estate, through the hearing and issuance of an order, to appeals to the High Court. In addition to the Act, the Small Estates (Distribution) Rules set out the procedures for implementation and the use of forms in settling small estates.

For the purpose of distribution, Faraid law applies to the estates of Muslims, while the Distribution Act 1958 applies to the estates of non-Muslims. Faraid is based on the Quran and Hadith, including verses 11, 12 and 176 of Surah An-Nisa.

Informasi Continental Shelf Act

Continental Shelf Act, 1966

Background Continental Shelf Act

According to Section 2 of the Continental Shelf Act 1966 (Revised 1972), ‘Continental Shelf’ means the sea-bed and subsoil of submarine areas extending beyond the territorial sea throughout the natural prolongation of the land territory of Malaysia to the outer edge of the continental margin, as determined in accordance with Section 2B; or to a distance of 200 nautical miles from the baselines from which the breadth of the territorial sea is measured in accordance with the Baselines of Maritime Zones Act 2006, where the outer edge of the continental margin does not extend up to that distance.
Under Section 4(4) of the Continental Shelf Act 1966, the authority to grant a licence to exploit sand in the continental shelf area lies with the Minister of Natural Resources and Environment. The continental shelf area is situated outside the territorial waters of the States.
Under Section 4(2) of the Emergency (Essential Powers) Ordinance No. 7 of 1969 (Revised), gazetted as P.U. (A) 468/1969, ‘territorial waters’ for the purposes of the Continental Shelf Act 1966 means sea waters adjacent to the coast not exceeding three nautical miles measured from the low-water mark. Areas beyond three nautical miles from the low-water mark are therefore continental shelf areas. Accordingly, the Minister of Natural Resources and Environment, who is responsible for this matter under the Ministerial Functions Act 1969, has authority under Section 4(4) of the Continental Shelf Act to issue licences for sand mining in the relevant area.
Under Section 4(6) of the Continental Shelf Act, the Minister has absolute discretion to decide whether to grant a licence and may grant any number of licences to the same person or company.
Article 3(2) and (3) of the Government Gazette P.U. (B) 365/1985, Notification on Continental Shelf (Appointment of Forms and Fee), provides that any application for a licence to explore, prospect, bore, mine or carry out operations to obtain minerals of a specified kind in a specified area of the continental shelf under Section 4 of the Continental Shelf Act must be submitted to and processed by the Federal Land Commissioner.

Informasi Strata Titles Act 1985

Strata Title Act 1985

The Strata Titles Act 1985 provides for the subdivision of buildings or land with shared properties. It includes procedures for applications for subdivision, registration and issuance of Strata Titles, management of a strata scheme after Strata Titles have been issued, and the management of the Strata Titles Board. This Act is under the jurisdiction of the Department of Land and Mines, which is under the Ministry of Natural Resources and Environment.

The Strata Titles Act came into force on 1 June 1985. Before it commenced, applications for individual titles for parcels within a multi-storey building were made under the provisions of the National Land Code 1965. Subsidiary titles were issued for these parcels.

The Strata Titles Act was created to address weaknesses and insufficiencies in the National Land Code provisions on subdivision of buildings. It also provides references on subdivision and management of multi-storey buildings in various parts, chapters and schedules of the National Land Code. The Strata Titles Act contains almost all the provisions in the National Land Code relating to subdivision of buildings.

New elements and general improvements were also introduced to the application process and procedures for Strata Titles, as well as the management of multi-storey buildings.

The Strata Titles Act has been amended four times since its introduction: on 23 February 1990 (Act A753), 2 August 1996 (Act A951), 1 December 2001 (Act A1107) and 12 April 2007 (Act A1290). The latest amendments introduced subdivision of land into land parcels, accessory parcels and common property. These amendments provide for applications involving a new housing concept known as a Gated Community Scheme.

This housing scheme consists of properties such as bungalows, terrace houses and semi-detached houses held in one lot with shared facilities such as a clubhouse, swimming pools and open fields. It is a closed community surrounded by a wall or gate, with limited access points.

What are Strata Titles?

Strata Titles are a form of ownership for multi-storey or multi-level buildings, or land parcels built on alienated land. The word ‘strata’ refers to a subdivided unit.

Strata Titles were initially introduced in 1966 through the National Land Code 1965 to improve the law on ownership of multi-storey buildings. Before this, they were known as subsidiary titles for buildings built on alienated land. The 2007 amendment expanded the Strata Titles concept to include land parcels on alienated land.

A Strata Titles Scheme consists of individual parcels and common property managed through self-governance by the Management Corporation. Apartments, condominiums, town houses, commercial complexes and gated-community scheme parcels are shown on the title as owned by their respective parcel owners. Common property is defined as all land within the alienated land other than individual parcels and accessory parcels, such as stairs, roofs, gardens and similar areas.

Background on The National Land Code