NATIONAL LAND CODE (AMENDMENT) ACT 2016

This Act comes into operation in each State on a date to be appointed by the Minister, with the approval of the National

Land Council, by notification in the Gazette of the Federation, and the Minister may, with the approval of the National Land

Council, appoint different dates for the coming into operation of different provisions of this Act.

This Act comes into operation in the Federal Territory of

Kuala Lumpur, the Federal Territory of Putrajaya and the Federal

Territory of Labuan on such date to be appointed by the Minister, by notification in the Gazette of the Federation, and the Minister may appoint different dates in respect of different provisions of this Act.

Amendment of section 5

by inserting after the definition of “subdistrict” the following definition:

‘ “subdivided building”, in relation to subdivision of any building under the Strata Titles Act 1985

[Act 318], includes subdivision of building or land;’;

in the definition of “territorial waters”, by substituting for the words “subsection 4(2) of the Emergency (Essential

Powers) Ordinance, No. 7/1969 [P.U. (A) 307a/69]”

the words “subsection 3(3) of the Territorial Sea

Act 2012 [Act 750]”; and

in the definition of “trust”, by substituting for the word

“Muslim” the word “Islamic”.

Amendment of section 5d

in paragraph (b), by substituting for the word “Code” the word “Act”; and

in subparagraph (b)(ii), by inserting after the words

“licence or permit” wherever appearing the words “or lease of reserved land”.

National Land Code (Amendment)

5

Amendment of section 14

in paragraph (f), by inserting after the words “other incidents of,” the words “including matters relating to refund or forfeiture of any sum paid as deposit,”; and

in paragraph (i), by deleting the words “or any collecting agent as approved by the State Authority”.

Amendment of section 15

in the shoulder note, by inserting after the words “share in land” the words “or parcel of subdivided building”;

and

by inserting after the words “Where an undivided share in land” the words “or parcel of a subdivided building”.

Amendment of section 66

by renumbering the existing section as subsection (1);

in subparagraph (1)(b)(i) as renumbered—

by substituting for the words “Senior Inspector of Mines” the words “Director of Mines”; and

any such river and up to fifty metres of the bank of any such river; or

National Land Code (Amendment)

any such lake or spring and up to fifty metres from the edge of any such lake or spring, as may be declared by the State Authority by notification in the Gazette in accordance with the proviso to section 13.”.

Amendment of section 68a

in subparagraph (1)(c)(ii) as renumbered, by substituting for the colon at the end of the subparagraph a full stop;

by deleting the proviso to subsection (1) as renumbered; and

by inserting after subsection (1) as renumbered the following subsection:

“(2)  Nothing in this section shall authorize the Land

Administrator to issue temporary occupation licences in respect of:

by renumbering the existing section as subsection (1);

in paragraph (1)(c) as renumbered—

by substituting for the words “Senior Inspector of Mines” the words “Director of Mines”; and

any such river and up to fifty metres of the bank of any such river; or

any such lake or spring and up to fifty metres from the edge of any such lake or spring, as may be declared by the State Authority by notification in the Gazette in accordance with the proviso to section 13.”.

Amendment of section 75c

by inserting after subsection (1) as renumbered the following subsection:

“(2)  Nothing in this section shall authorize the Land

Administrator to issue permits to extract, remove and transport rock material in respect of:

by inserting after the words “Notwithstanding subsection (3)” the words “and subsection 180(1)”; and

by inserting after the words “where it appears just and expedient,” the words “dispense with the issuance of qualified title and proceed to”.

New section 90a

The application shall be made before the expiry of the term specified in the document of title.

Upon receiving any application referred to in subsection (1), the Land Administrator shall endorse, or cause to be endorsed, a note on the register document of title to the land to which the note relates.

The State Authority shall not entertain any such application unless the State Authority is satisfied with respect to every person or body having a registered interest in the

National Land Code (Amendment)

9

land, either that he has consented to the application or that his consent ought in the circumstances of the case to be dispensed with.

The approval or rejection of an application under subsection (1) shall be at the discretion of the State Authority, and such approval if given, may be subject to—

Subject to subsection (9), where the State Authority approves such application, the Land Administrator shall cause to be served on the proprietor a notice in Form 5a requiring him to pay any sum specified in subsection (5) within the specified time and if any such sum is not paid within such time the approval of the State Authority shall lapse.

As soon as may be after the sum referred to in subsection (6) has been paid, the Land Administrator shall endorse, or cause to be endorsed, a memorial to effect such extended term on the register document of title to the land and on the issue document of title if he is able to secure or when the title is produced to him.

In the case of land with subdivided building, the application may be made by the management corporation on the authority of a unanimous resolution and such application shall be regarded as an application in respect of the alienated land and provisional block, if any, consist therein and in the case where the payment is made upon approval of the application in accordance with the foregoing provisions, the memorial to be endorsed as provided under subsection (7)

shall be construed to apply also to the subsidiary titles relating to the approval.

Nothing in this section shall preclude the State Authority from considering the application together with any other application provided under this Act.”.

Amendment of section 92c

by inserting after subsection (1) the following subsection:

“(1a)  For the purpose of subsection (1), the Registrar may register and issue document of qualified title first before its continuation into final title where it appears just and expedient.”; and

in subsection (6), by deleting the words “final Registry”.

Amendment of section 92d

in subsection (2), by inserting after the words “underground land under section 92c” the words “and the approval of the application together with the depth of the alienated land of the proprietor shall be endorsed on the document of title to the alienated land and the depth, which may also include reference to the plan issued by the Director of Survey and Mapping shall, for the purpose of this Act, operate as express conditions, and the provisions of this

Act relating to the express conditions shall accordingly apply”; and

by inserting after subsection (6) the following subsection:

“(6a)  The conditions as endorsed on the document of title referred to in subsection (6) may also include reference to the plan issued by the Director of Survey and Mapping.”.

Amendment of section 95

by deleting the words “within the State”; and

by inserting after the words “as may be prescribed” the words “or through any person or body as approved by the State Authority”.

National Land Code (Amendment)

11

New section 96a

The application of section 101 in respect of land with subdivided building shall be in accordance with the provision of subsection 101(7).

In the event of termination of the subdivided building in accordance with section 57 of the Strata Titles Act 1985, the rent in respect of the land shall become payable as from the beginning of the calendar year next following in accordance with this Act.”.

Amendment of section 101

The rent of the land with subdivided building shall become payable only upon the termination of subdivision, in accordance with Part IVa of the Strata Titles Act 1985.”.

Amendment of section 122

in the further proviso to subsection (1), by inserting after the words “unless any rent due has been paid” the words

“and if it relates to express conditions endorsed on the title by virtue of subsection 92b(2) and subsections 92d(2) and (6)”;

by inserting after subsection (1a) the following subsection:

“(1b)  Upon receiving any application referred to in subsection (1), the Land Administrator shall endorse, or cause to be endorsed, a note on the register document of title to the land to which the note relates.”; and

in subsection (7), by inserting after the words “under his hand and seal” the words “of which the entry shall be made upon payment in accordance with subsection (8)”.

Amendment of section 160b

by inserting after subsection (2) the following subsection:

“(2a)  Such action in relation to the land with subdivided building shall also be made to the subsidiary register.”; and

in subsection (5), by substituting for the words

“which contains a note under subsection (2)” the words

“and subsidiary register, which contain a note under subsection (2) or (2a), as the case may be,”.

Amendment of section 160c

by renumbering the existing section as subsection (1);

and

National Land Code (Amendment)

by inserting after subsection (1) as renumbered the following subsection:

“(2)  In the case of land with subdivided building, the title in continuation shall be issued in respect of every document relating to parcel held under subsidiary title comprised thereto and the Land Administrator shall, pursuant to subsection (1), cause the relevant strata register in Form 2 and Form 3 in the First Schedule to the Strata Titles Act 1985 to be reestablished.”.

Amendment of section 166

in subparagraph (1)(a)(iii), by inserting after the words

“Form 4” the words “or Form 4a, as the case may be,”;

in paragraph (1)(b), by inserting after the words “under this Act” the words “or the Strata Titles Act 1985, as the case may be,”; and

by inserting after subsection (2) the following subsection:

“(3)  In the case where the title in continuation is a land with subdivided building, a note relating to particulars of the title thereby continued shall be endorsed on Form 2 and Form 3 and the register document in Form 4 or Form 4a, as the case may be, in the First Schedule to the Strata Titles Act 1985.”.

Amendment of section 175f

by inserting after the words “under this Act” the words “or the Strata Titles Act 1985, as the case may be,”; and

by inserting after the words “register document in question” the words “including the strata register, if any”.

Amendment of section 183a

by renumbering the existing section as subsection (1);

and

by inserting after subsection (1) as renumbered the following subsection:

“(2)  In relation to land held under qualified title, an application for surrender and re-alienation under this Part may only be entertained if the land has been duly surveyed and in respect of which a certified plan has been approved by the Director of Survey and Mapping except where the State Authority directs otherwise either generally or in any particular case.”.

Amendment of section 204d

in subsection (3)—

by substituting for the colon at the end of the subsection a full stop; and

by inserting after subsection (3) the following subsections:

“(3a)  Where the original title is a title in perpetuity, unless the proprietor apply for the land to be re-alienated to him for a term of years, the period for which the land is to be re-alienated shall also be in perpetuity, and where the original title is for a term of years, the period for which the land is to be re-alienated shall not be less than the remainder of the term of years for which the land was held under the original title, except where the State Authority approves the application under section 90a, and in the case where there are dissimilarities as to the periods for which the original titles are held, the period for which the lands are to be re-alienated shall be as the State Authority may think fit.

The State Authority may in deciding the application, alienate adjoining State land to the proprietor.”.

Amendment of section 204g

if all the sum due upon approval in accordance with the matters specified in subsection 79(2) have been paid;

and

in the case where section 204ga applies, after the charge subsisting in the title is discharged.”.

Amendment of section 204ga

in paragraph (iii), by inserting after the comma the word

“or”;

in paragraph (iv), by substituting for the words “, or” a full stop; and

by deleting paragraph (v).

Amendment of section 214a

in subsection (2), by inserting after the words “by the

Board” the words “, or in the case where subsection (9)

applies, a written approval of the State Authority”;

in subsection (10)—

by substituting for the words “not exceeding

RM10,000” the words “not less than one hundred thousand ringgit and not more than one million ringgit”; and

in subsection (10a), by substituting for the words “not less than one year and not more than three years and to a fine not exceeding ten thousand ringgit” the words

“not more than five years or to a fine not less than one hundred thousand ringgit and not more than one million ringgit, or to both”.

Amendment of section 241

For the purpose of subsection (5), the financial institution shall be those institutions licensed under any written law relating to financial institutions or development financial institutions.”.

Amendment of section 254

In this section, “modifications” includes amendments, additions, deletions, substitutions, adaptations, and non-application of any provision.”.

National Land Code (Amendment)

19

Amendment of section 294

Where any document of title and duplicate lease, sub-lease or charge presented or produced in connection with the registration is not collected by the person or body from whom it was obtained upon being informed under subsection (2a)

within the prescribed time, the release of such document thereafter shall be upon payment of such fees, as may be prescribed.

For the purposes of paragraph (1)(d), such action in respect of land held under land office title registered by virtue of paragraph 166(1)(j) or section 187aa and the documents of which were kept by the former district shall be made by the

Registrar in respect of the former district.

For the purposes of subsection (2c), “former district”

refers to the district where the documents were first registered.”.

Amendment of section 323

by inserting after the words “section 211” the words

“notwithstanding that the provisions dealt with dealings in alienated land,”; and

by inserting after the words “in the land or a particular interest only” the words “, and the last known address of the proprietor if the caveat is to be expressed to bind the land itself or an undivided share in the land”.

Amendment of section 324

in subsection (1), by deleting the words “for a loan”; and

in subsection (2), by inserting after the words “section 211”

the words “notwithstanding that the provisions dealt with dealings in alienated land”.

Amendment of section 333

in subsection (1)—

by inserting after the words “The Registrar may” the words “require the particulars of the person or body by whom the instrument or document was presented or delivered to be recorded and”; and

in subsection (2), by inserting after the words “any such instrument” the words “or document”; and

by inserting after subsection (2) the following subsection:

“(3)  The requirement under subsection (2) may also include any other method available to the Registrar.”.

Amendment of section 378

by renumbering the existing section as subsection (1);

in subsection (1) as renumbered, by substituting for the words “The Registrar may” the words “Subject to subsection (2), the Registrar may”; and

by inserting after subsection (1) as renumbered the following subsection:

“(2)  In the case of a natural person, such change may also refer to the description of his citizenship or the number of identity card issued to him under the

National Registration Act 1959 [Act 78] or, where no such identity card has been issued to him, the number appearing in his passport or any other official document of identity.”.

Amendment of section 383

in paragraph (a), by substituting for the word “hundred”

the word “thousand”; and

in paragraph (b), by substituting for the word “three” the word “five”.

Amendment of section 422

in subsection (1)—

by substituting for the word “ten” the words “five hundred”; and

in subsection (1a)—

by substituting for the word “ten” the words “five hundred”; and

in subsection (1), by substituting for the word “fifty” the words “five hundred”; and

in subsection (1b), by substituting for the word “fifty”

the words “five hundred”.

National Land Code (Amendment)

25

Amendment of section 426a

by substituting for the shoulder note the following shoulder note:

“Power of arrest, seizure, etc.”;

by inserting after paragraph (1)(a) the following paragraph:

“(aa) stop and examine any vehicle, tractor or any other thing whatsoever which he has reason to believe was used or is being used in the commission of an offence under that section;”;

and

by inserting after subsection (5) the following subsection:

“(6)  Any person who fails to cooperate with the authorized officer in the exercise of his power under subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding five thousand ringgit, or to imprisonment for a term not exceeding six months, or to both.”.

Amendment of section 427

by deleting the word “reasonably”; and

by inserting after the words “committed an offence” the words “, which is prescribed to be compoundable,”.

Amendment of section 431a

by inserting after the words “the Registrar” the words

“or the Land Administrator,”;

by substituting for the word “direct” the word “cause”;

and

by deleting the words “or may cause the notice to be sent by post to the Official Administrator”.

Amendment of section 432

by inserting after the words “the Registrar” the words

“or the Land Administrator”;

by substituting for the word “order” the words “cause the”; and

National Land Code (Amendment)

in subparagraph (1)(a)(ii)—

by substituting for the words “in a market” the words “a community hall”; and

in subparagraph (i), by deleting the words “and on the penghulu’s office or balai in the area in which the land is situated”; and

by substituting for subparagraph (ii) the following subparagraph:

“(ii) on a court-house, mosque or penghulu’s office or balai, or a community hall or other public place as the State Director or Registrar or Land

Administrator thinks fit, in the area in which the land is situated; and”.

Amendment of section 433a

in paragraph (a), by substituting for the words “subsection 4(1)

of the Companies Act 1965 [Act 125]” the words “the

Companies Act 2016 [ ]”;

in paragraph (b), by substituting for the words “Companies

Act 1965” the words “Companies Act 2016”; and

in paragraph (c), by substituting for the words “Companies

Act 1965” the words “Companies Act 2016”.

Amendment of section 433b

in the proviso, by deleting paragraph (aa);

in subsection (4)—

by inserting after the words “subject to the category “agriculture” or “building” ” the words

“or “industry” ”; and

by deleting subsection (5); and

in subsection (6), by substituting for the words “Subsections

, (4) and (5)” the words “Subsections (3) and (4)”.

Amendment of section 433e