L&S clarifies position of perimeter survey, opposition claim debunked

April 17, 2016, Sunday

KUCHING: In response to an opinion piece dated April 12, published in 『theantdaily』 online posting and the allegations posted in the social media by certain quarters, the following clarifications are made by Land and Survey Department.

Land lawfully occupied by Natives in Sarawak through the recognised customs and traditions have no document of title and their boundaries not surveyed and marked or pegged. In these circumstances, ownership and the precise extent and boundaries of native customary right (NCR) land are uncertain and frequently, disputes arise between neighbouring NCR landowners and owners of alienated land adjacent to the NCR land.

To confirm the ownership, extent and boundaries of NCR land in Sarawak, the Government carried out a programme, known as 『Program Pengukuran Tanah Hak Adat Bumiputera Di Bawah Inisiatif Baharu』 to survey NCR land in the State. Under this Programme, the Government has identified a total of 1,201,568 hectares of NCR land for survey, out of which 748,167 hectares of NCR land have been surveyed.

To date, the Government has spent a total of RM102 million to carry out this survey. Perimeter survey of another 264,729 hectares is ongoing. These surveys are carried out with the consent of affected NCR landowners.

Upon due completion of the perimeter survey, the NCR land so surveyed, would be declared Native Communal Reserve under Section 6 of the Land Code, with their boundaries clearly demarcated and the area described in the Gazette Notification establishing the Native Communal Reserve.

Each Native Communal Reserve is established for the exclusive benefit and use of native communities identified or named in the Gazette Notification so that their legal rights to the Land cannot be disputed or questioned by anyone, and to enable them to continue their traditional way of life. The boundaries of the NCR land, constituting the Native Communal Reserves, are clearly defined to avoid any dispute on the extent of their NCR land and unlawful encroachment of trespass onto such NCR land by third parties.

Up to March 31 this year, 373 areas totalling 538,945 hectares have been gazetted as Native Communal Reserves for the exclusive benefit and use of the respective Native communities named in the relevant Gazette Notifications. The Government, in establishing these Native Communal Reserves, has reaffirmed its recognition that all land within these Reserves are NCR land, over which members of the Native Communities concerned have exclusive rights to occupation and ownership of the NCR land.

The Government, by creating Native Communal Reserves over NCR land, has legally and unequivocally acknowledged and confirmed that all members of the native communities, for whose benefit the Reserves are established, have proprietary rights and interests to the land. In the event that the Government requires any NCR land within a Native Communal Reserve, compensation will have to be paid to the rightful owner(s) of the affected NCR land or a replacement lot would be found, as required by Section 5(a) proviso and Section 6(4) of the Land Code.

The Government has already embarked on the second phase of the 『Program Pengukuran Tanah Hak Adat Bumiputera Di Bawah Inisiatif Baharu』, that is, to issue individual land titles under Section 18 of the Land Code within the area gazetted under Section 6 of the Land Code. To date, a total of 3,114 titles under Section 18 of The Land Code have been issued out of 17 gazetted areas throughout the State. This is an ongoing exercise and more titles will be issued by yearend. (See Table 1)

The Government has never intended that those residing or occupying NCR land within Native Communal Reserves are 『squatters』 as mischievously or maliciously misrepresented by certain quarters.

Apart from issuing Section 18 titles, the rightful owners of NCR land within the gazetted Section 6 area had been compensated accordingly if their land is affected by roads, bridges, drains or other public purposes projects. Examples of the projects where compensation have been paid to those NCR land owners within the area gazetted under Section 6 of the Land Code are as follows: (See Table 2)

After the Native Communal Reserves have been constituted, as and when the native communities have agreed among themselves on the individual ownership and communal rights to the land within the Reserves, these individual and/or communal lots will be surveyed and document of titles will be issued to the rightful owners of the individual lots under Section 18 of the Land Code, free of any land premium and other fees.

Up to March 31, 2016, a total of 217,544 land titles covering 293,197 hectares of NCR land have been issued by the Government under Section 18 of the Land Code, to native landowners. Of these titles, 152,938 titles are for agricultural land (288,453 hectares) and 64,567 titles for residential land (4,744 hectares).

All these data from official government records provide ample testimony that the Government recognises NCR land, the ownership of such land by the Natives concerned, and have taken steps to safeguard the rights of the natives to their land by, firstly, clearly defining their boundaries and later issuing them with documents of titles when the survey of individual lots, once identified and agreed upon by the communities concerned, can be undertaken in accordance with the provisions of Part VI of the Land Code.

文章來源: https://www.twgreatdaily.com/cat98/node1027096

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