review nlc my point of view

8/2/2019 Review NLC My Point of View

1/41

My-Point-of-View

Review of the

National Land Code19659/18/2009

Research & Development Section,

Department of Director General of Land and Mines,

P t j


2/41

Putrajaya

1. INTRODUCTION

There have been calls for amendment and review of the NationalLand Code 1965 (Act 56 of 1966) for many years ago. The Act 56is, to a large extent, a re-enactment of earlier Land Code 1926, andmuch of the language remains as it was going back in thenineteenth century. There have been significant additions andamendments to the Code throughout the twentieth century but

never a fundamental review of the whole Act.

A number of provisions are obsolete or at least obsolescent in part.The National Land Code 1965 (NLC) needs modernisation, andclarification in many areas. There are uncertainties and ambiguitiesin the language as well as technical and operational problems. Inaddition, significant issues have emerged over the years that have

taxed the minds of academics and the judiciary, not all of whichhave been resolved.

Finally, the NLC was drafted at a time when the registry system waspaper based and it now needs to be read with the FourteenthSchedule (Computerized Land Registration System) and theSixteenth Schedule (Electronic Land Administration System)

ti l hi h h ld d th i t d ti f th t b d


3/41

private sectors. The appointed Consultant is required to produceappropriate findings, such as As-Is Report, To-Be Report and

together with a draft Bill for a New NLC. The final report should beready by mid-2013.

This paper aims to focus on the overall issues that have been drawnto the attention of the Government and those technical details inthe present Act that has identified as requiring review. The firstpart of the paper covers preambles for this review, the second part

focuses on guiding principles for revision, the third part focuses onthe possible scope for the review, the fourth part deals withexpected solution to be achieved by this review, the fifth part dealswith the review management structure, the sixth part intends toprovide guiding questions for review framework, the seventh partextracts some of possible examples of changes to be introduced inthis review and the eighth part intends to conclude the overall

objectives to arrive by this review framework. All parts containtentative points of options for reform but need to be materialisedfor observations. Responses to these options and questions willassist in making the policy decisions and drafting recommendationsfor a new NLC.

2. PRINCIPLES OF REVIEW


4/41

and facility of transfer (sometimes referred to as staticsecurity and dynamic security). While the latter

promotes the interests of the immediate purchaser, oncethat purchaser has become a registered proprietor, theirownership of the land is subject to divestment by afraudster or an instrument that would be void at commonlaw.

Another main issue is that, although legal interests can

only be created by the State through registration,equitable interests are still recognised.

A third is that there are interests that override theregister by virtue of other legislation.

These issues are addressed in Torrens registration Acts,

but not always sufficiently. They need to be taken intoaccount in a new NLC.

(ii) Core elements of Torrens land registrationMost land registration Acts that were modelled on the

S th A t li A t f 1861 d i d d l d


5/41

state compensation for losses as a result of thesystem or fraud or forgery.

The above elements have developed from the originalTorrens registration principles, and in the JKPTGSpreliminary view should be retained in any reformed orreengineered NLC.

The key principles of a modern Torrens land transfer

system might be stated as follows:

reliable registration of title to land; a register thatis as conclusive and inclusive as possible withregard to each registered proprietors title;

certainty and security of legal title to interests inland as far as is possible;

protection of equitable title (where it is recordedin the system) as far as practicable;

relative simplicity and efficiency of transfer oftitle;


6/41


7/41

To improve land law policies especiallypertaining to the procedural land

management, land dealings and land tenures;

To create greater coordination between allthree levels of government: federal, state andlocal.

To develop the integration of the Federalgovernments Cadastral Data ManagementSystem (CDMS) and the future stategovernments Electronic Land AdministrationSystem (ELAS) which embedded byComputerized Land Registration System(CLRS) and other subordinate land relatedsystems.

Focus on capacity building in order togenerate a high public profile and interest.

Create a system of e-Government allowingfor functionality of business to citizengovernment, intra-government, and inter-

t


8/41

3. SCOPE OF THE REVIEW

Phase I

Focus: Immediate enhancement of land administrationdelivery system

Timeline: Januari December 2010

Tasks:(i) Streamline the statutory forms creation of

single point of contact, simple and easy-to-use;

Land matters by manual practice ofpaper based.

Land matters by use of computer electronic based.

(ii) Development of electronic land transactioncode;

C i f titl i t l t i


9/41

Self-governance of corporatized federallands

Centre of excellence in ICT-based in landadministration system

Deliverables: As-Is and To-Be Reports.Discussion and Consultation PapersSeminars and WorkshopsField Visits

Overseas Visits

Phase II

Focus: Essential Creation of New National Land Code

Timeline: Januari 2011 December 2013

Tasks:(i) Integrated land tenure legislation

There is a demand for land tenure legislationto be consolidated to make it moreaccessible to users and make tenure creation

l tl d ffi i t i


10/41

community have demanded tenurelegislation that;

is well structured; is written in plain English (and Bahasa

Malaysia); is limited to tenure creation matters; has greater standardisation of processes

and requirements; and is generally easier to use.

(iii) Flexible legislationExamples;

Land Court Compensation for loss by insurance

principle State Authority assurancefund

Option for private title insurance Resolving statutory conflicts overriding

statutes, competing provisions, etc

Wh i bl ?


11/41

4. EXPECTED SOLUTION

This review seeks for the following expected solution to be achievedas shown in the Figures below:

Facilitating

Sustainable DevelopmentEconomic, Social, Environmental, Governance

Quality of Life

Social Context

Country Context(Federal-State Levels)

Institutional Arrangements Capacity Building Education & Research Services to business and citizens Coordinated land information &

management systems

Land Value &Taxation

Quit Rent Premium Assessment

Land Use

Agricultural Building Industry

NEWNATIONAL LAND CODEPOLICY FRAMEWORK

(Overall Policies)

Land Tenure

Disposal of landRights

Indefeasibility ofTitles

Registration ofdealings/non-dealings

Land Development

Land Use Conversion Subdivision of land Partitioning of land Amalgamation of land Surrender of land Re-alienation of land Abandoned Title

Fi 2


12/41

5. REVIEW MANAGEMENT STRUCTURE

Law Review CommissionSecretariat:

Attorney General

ELAS Steering CommitteeChairman:

Chief Secretary (NRE)

ELAS Legislation CommitteeChairman:

Director General of Land and Mines (Federal)

JKPTG

NLC Review TeamSecretariat:

Seksyen Kajian Penyelidikan dan Pembangunan

Consultants


13/41

Q4. Should a volunteer be entitled to the same protection asa purchaser for value?

Q5. Which of the above options do you consider would bemost in line with modern Torrens principles and practicein Malaysia?

Q6. Should a court be able to declare an act to defeat anunregistered interest, by a proprietor who had alreadyregistered with no apparent intent to defeat thatinterest, fraudulent for the purposes of the new NLC?

Q7. Or should the holder of the unregistered interest rely onan in personam claim where possible?

Q8. (a) What is the appropriate and desirable scope offraud or forgery under a Torrens system? Shouldit be the equitable approach of Malaysian judges,or the stricter more pro-purchaser stance of the

M l i t h i b t ?

LAND TRANSFER BY FRAUD

OR FORGERY


14/41

Q14. If so, should the boundaries of the in personam

jurisdiction be left to judicial development, or createdthough legislative reform?

Q15. Would the three requirements for a valid in personamclaim set out above have the effect of preventingsignificant inroads into Torrens principles? If so, shouldthose three requirements be included in the new NLC?

Q16. Has the electronic system changed the circumstances inwhich there is need for the Registrar to exercise his orher powers?

Q17. Should the extent of the Registrars powers in relation tothe word wrongfully be clarified, and if so, how?

Q18. Are there situations where it would be appropriate forthe Registrar to correct a title that has been obtained

f ll ?

REGISTRARS POWERS OF

CORRECTION


15/41

Q22. To what extent are there any truly unregistrableinterests under the NLC? If so, what are they?

Q23. How should unregistrable interests be treated in the newNLC?

Q24. Are there any unregistrable interests that should be ableto be registered?

Q25. Should the protection to non-registered purchasers bereaffirmed, or should the legislation be changed toreflect the orthodox application of the NLC?

Q26. Should the register accurately reflect or mirror theinterests that relate to a particular piece of land? Thatis, should unregistered interests that affect land be ableto included on the computer register?

Q27. Should there be greater protection for unregisteredinterests?

UNREGISTERED INTERESTS


16/41

Q34. Is there a problem with the present provisions for trusts?

Q35. If so, should the new NLC provide that trustees can bedescribed as such on the register?

Q36. If so, should they be obliged to deposit the trust deedwith the Registrar (with a reference on the register) so

that it may be searched?

Q37. Or, should the new NLC provide for a system of notingrestrictions on the register, similar to that in the Englishlegislation?

Q38. What would be the practical consequences of a system

similar to that in Queensland: (a) for the registry and (b)for the purchaser?

Q39. What would be the benefits of registering trusts forbeneficiaries? For purchasers? For conveyancers?

Q40. What might be the disadvantages of registration for

h ?

TRUSTS ON OR OFF THE

REGISTER


17/41

Q45. Are you aware of other examples of statutory provisionsthat are inconsistent with the NLC?

Q46. Should the NLC be amended to more clearly signal topeople that other statutory interests may override theirregistered interest?

Q47. Should the matter of ascertaining legislative intentionfor the purpose of reconciling statutory conflicts be left

to the court? Would a clearer guide in the statutoryprovisions of the particular overriding statute tolegislative intention be helpful?

Q48. Has the risk of mistakes and errors in the registrationprocess increased or decreased with the automation ofthe register?

Q49. Is it satisfactory that compensation claims are limited toclaims for Registrars errors?

Q50. Do provisions of the NLC provide adequate grounds for a

COMPENSATION PROVISIONS


18/41

Q57. Is it appropriate to retain the NLC exceptions to the right

to compensation, or can/should some of theseexceptions be repealed?

Q58. Is it appropriate to retain the above exceptions to theright to compensation, or should some of theseexceptions be repealed?

Q59. Should the NLC land legislation codify the exceptions tothe right to compensation with an exclusive list?

Q60. What is the most appropriate method of measuringdamages for a compensation claim under the new NLC?

Q61. Should the measure of damages applicable under the

NLC be left to the common law, or should guidance begiven in the statute?

Q62. Does NLC provide an appropriate method of calculatingdamages for compensation claims? In particular, shoulddamages be measured as at the date when the claimantwas deprived of land?


19/41

Q69. What do you think would be an appropriate model forthe new NLC?

Q70. Does a model discussed in this paper a useful basis for

the new Act?

Q71. What provisions of the current NLC might be moreappropriately placed in regulations?

Q72. Should the current provisions describing the register beredrafted, so as to be generic about the format theregister is held in and would it be helpful if theregisterwas comprehensively defined in one place?

Q73. Is the retention of the term the register appropriate?

f f

REVISING THE NATIONAL LAND

CODE 1965

TECHNICAL ISSUES


20/41

Q79. What provisions in the NLC need to be retained in orderto cater for land that ceases to be electronic

transactions land?

Q80. Are there any other issues that require attention inrelation to the register and registration?

Q81. The searching and evidentiary provisions should bereviewed and consolidated in the new Act. Are there any

particular issues or problems that need addressing?

Q82. The specification provisions for NLC forms will need tobe reviewed and carried forward into the new Act. Dothese need to be retained in the Act or can they be dealtwith in regulations?

Q83. Should there be different levels of certification, based onthe class of permissible electronic instruments?

Q84. Should a modern form of qualified title be adopted?

Q85. What details should be included in an application fortransmission? For example, is it necessary that equities


21/41

Q93. If not, should the relevant provisions simply prohibit the

registration of such instruments whilst the interestaffected is subject to a charge or sub-charge, thusforcing the charge or subcharge to be discharged?

Q94. If a consent requirement is retained, should therelevant provisions be clearer as to the fate of thecharge or sub-charge upon the registration of the

instrument that has been consented to?

Q95. Assuming that chargee consent is still required in orderto bind that party and avoid problems later if power ofsale is exercised, are the current provisions adequate?Should the consent continue to be mandatory in allcases?

Q96. Is it sufficiently clear what the essential characteristicsare of a lease in renewal or a lease in substitution?For instance, does the term of the lease in renewal haveto commence on the day after the expiry of the priorlease or can there be a gap? Must the land be exactlythe same, no more and no less?


22/41

Q101. Is it desirable for the new NLC to contain a generalprovision authorising the updating of the register by

the Registrar, independently of a formal application?

Q102. If so, in what circumstances would the Registrar beempowered to act on his or her own initiative?

Q103. If a specific provision is warranted, does the NLCprovide a useful model? Does this require a formal

application to the Registrar or is evidence oftermination sufficient to satisfy the Registrar a betterformula?

Q104. Alternatively, is this a non-contentious matter thatcould be provided for in the NLC Regulations?

Q105. Should the new NLC refer explicitly to the creation ofvarious life estates?

Q106. Should the NLC be amended to clarify the appropriateinstrument for creating life interests in relation toleasehold lands?


23/41

Q112. Should the NLC set out a procedure for applications forentry on the register to the effect that an easement or

profit prendre has been determined or extinguishedas well as for an easement that has becomeredundant?

Q113. Should there be provision for removal of redundanteasements in gross?

Q114. Are any other amendments relating to easement ofthe NLC necessary or desirable?

Q115. Would these Schedules of the NLC be moreappropriately positioned within regulations rather thanin the new NLC?

Q116. Caveats against dealings:

(a) Should there be any changes to the particularsrequired in the NLC?

(b) Should any of these requirements be set out inregulations?


24/41

(j) Should there be a provision that allows anapplication under the NLC to be withdrawn? If so,how would this operate?

Q117. Role of Registrar in receiving caveats:

(a) What should be the role of the Registrar inrelation to second caveats, and is this role

adequately expressed in the current provisions?

(b) Should the responsibility of caveators not tolodge second caveats and the liability for non-compliance be increased?

(c) Is it desirable to clarify the role of the Registrarin receiving caveats?

Q118. Registrars caveats:

(a) Are the criteria for the entry of a Registrarscaveat still appropriate?


25/41

(d) Should an equity exception and mistake as toboundaries exception be incorporated into the

new NLC?

(e) Are the special rules applying to land, which isin the registered proprietorship of persons withlegal disabilities, appropriate?

(f) Is the qualifying criterion of not less than 20years continuous possession still an appropriateone? If not, what should that criterion be?

(g) For instance, should adverse possession basedon the encroachment of structures over thecommon boundary (either because of a mistakeas to boundary or a seeming abandonment of

boundary land by a registered proprietor) becapable of supporting an adverse possessionclaim?

(h) Where occupation by the applicant is inside thetitle boundaries, are there sound reasons whythere should be a different outcome depending


26/41

Q120. Strata Titles:

(a) Should the provisions relating to issuance ofstrata titles under the Strata Titles Act 1985 beincorporated into the new NLC? And theprovisions relating to maintenance andmanagement of strata scheme should beincorporated in the Building and Common

Property (Maintenance and Management) Act2007?

(b) What changes can be made to strata titleslegislation to align it with electronic lodgementand other modern needs?

(c) What other changes would improve strata titleslegislation of the new NLC?Q121. Disposal of land:

(a) Should the new NLC or the new land regulationsprescribe the meaning of special


27/41

7. EXAMPLES OF POSSIBLE CHANGES TO BE INTRODUCED

In view of this review, Appendix B shows some examples ofpossible changes to be introduced in the new NLC.

8. CONCLUSION

There is a need to have a good land administration system. The

modern cadastre for instance is not primarily concerned withgeneralized data but rather with detailed information at theindividual title to land. As such it should service the needs both ofthe individual and of the community at large. Benefits arise throughits application to: asset management; conveyancing; creditsecurity; demographic analysis; development control; emergencyplanning and management; environmental impact assessment;housing transactions and land market analysis; land and propertyownership; land and property taxation; land reform; monitoringstatistical data; physical planning; property portfolio management;public communication; site location; site management andprotection.

Although land records are expensive to compile and to keep up todate, a good land administration system should produce benefits,


28/41

on the more traditional processes supporting simple land trading. Ido believe the growth in complex commodities offers many

opportunities for land administrators if they are prepared to thinklaterally and more strategically.

There is a challenge to land administration officials to design andbuild modern land administration and cadastral systems that willbetter support the creation, administration and trading of complexcommodities and particularly use land information to spatially

enable not only government but society in general. Unfortunatelywithout these systems modern economies will have difficultymeeting sustainable development objectives and achieving theireconomic potential.


29/41

APPENDIX-A

DIAGRAM 1: NEW CREATION OF NATIONAL LAND CODE

AS-IS NLC TO-BE NLC

DIVISION 1: INTRODUCTORY

Part 1 Preliminary

CLRSPart 1(A)

Part 1(B) DANAHARTA

Part 1(C) ELAS

Part 2 Administration

Part 3 Powers of SA

Part 4 Other than alienation

DIVISION 2: DISPOSAL OF LAND

PART 1 PRELIMINARY PROVISIONS

Commencement, purpose,

interpretation, overview

PART 2 APPLICATION

Land to which NLC applies list

of interests capable of

re istration

PART 3 DISPOSAL OF LAND

By alienation

By other than alienation

PART 4 REGISTER

Register Document of Title

Review and

remove as

desirable and

ex edient


30/41

AS-IS NLC

DIVISION 4: DEALINGS

Part 13 General

TransfersPart 14

Part 15 Leases & Tenancies

Part 16 Charges & Liens

Part 17 Easements

Part 18 Registration of

Dealings

Part 20 Indefeasibility of

DIVISION 5: SUPPLEMENTAL

Part 19 Restraints on

Dealings

TO-BE NLC

PART 8 POWERS OF REGISTRAR

Prior registration Upon registration

After registration

PART 9 DEALINGS WITH LAND AND

INTERESTS IN LAND

Transfers

Transmission

Leases

Charges

Trusts

Tenancies

Vesting

Review and

introduce

indemnity or

assurance fund


31/41

AS-IS NLC

Part 28 LA Right of way

SurveyPart 29

Part 30 Registration of

statutory vesting

Part 31 Jurisdiction of the

Court

Part 31(A) Power of

investigation

Part 32 Power of arrest,

seizure and penalties

Part 33 Service and

publication of notices

Part 34 Miscellaneous

TO-BE NLC

Waqf landMalay Reservation land

Mining land

Sultanate land

Terengganu Settlement land

Customary or Indigenous land

Kelantan Settlement land

Padi Cultivators Tenure

Group Settlement Areas

PART 12 REQUIREMENTS FOR

INFORMATION

Plans and Survey

Establish

Land Court


32/41

Fifth Officers or other

persons to attest

execution of

instruments effectingdealings under Act

Sixth Agreements which

may be incorporated

in leases

AS-IS NLC

Seventh Repealed

Eighth Repealed

Ninth Repealed

Seventh A Repealed

Seventh B Repealed

Tenth Supplementary

provision as to forms

Land Administrators right ofway

Expression relating to padi or

bendang

Agreements incorporated in

leases

Modifications for Kelantan

Modifications for Federal

Territory

TO-BE NLC

Special provisions to land under

commencement of this Act

Country, Town or Village land

Regulations by the Minister

Statutory Forms and Procedure

Attestation Procedure

First

Second

Review and

reinstate (strata

titles tenure only)

and excluding

management &

maintenance of

strata scheme


33/41

APPENDIX-B

SOME EXAMPLES OF POSSIBLE CHANGES TO BE INTRODUCED

IN THE NEW CREATION OF NATIONAL LAND CODE

NO. AS-ISNLC TO-BENLC RATIONALE PROVISIONS OF NLC TO BE

AMENDED OR REVISED

1 Disposal of land

1.1 Temporary Occupation License

(TOL)

TOL to be abolished and substituted

by way of granting lease.

(i) There are cases where TOL had beenissued for a period of exceeding one

year and its terms is quite similar to

lease.

(ii) By lease approach, the period of landusage can be extended and

subsequently, it enhances the landvalue.

(iii)Under this arrangement All state land could be alienated or

reserved.

All alienated land could be leasedunder Part Fifteen Chapter 1.

All reserved land could be leasedunder section 63.

Part Four Chapter 2(Section 6569) to be

repealed.


34/41

Page 34 of41


AMENDED OR REVISED

2 Titles

2.1 There are two (2) types of titles

namely;

Registry Title Land Office Title

There will be a single title system,

inter alia, Registry Title only.

Note:

Previously, the proposed single title

was passed by Parliament on 27th

of

June 1984 through Act A587 (s.77A).

However, that provision was

subsequently repealed on 25th

of

March 1985.

This idea has been adopted by FT

Putrajaya [vide section 166A, FT ofPutrajaya (Modification of NLC) Order

2001].

(i) To facilitate the administration of LandOffice

(ii) Doing business with more convenientfor public.

(iii)Under this arrangement All Land Administrators will be

gazetted as Deputy Registrar of

Title and Director Land & Mines as

Registrar of Titles by virtue of

section 12.

The existing land office title will beconverted to Registry Title through

CLRS.

A new provision to be incorporatedin NLC as to allow conversion from

Land Office Title to Registry Title.

Titles database will be centralisedin PTG Office.

All registration of dealings could bepresented at any District LandOffice in the same State.

(Section 5A) to beamended.


35/41

Page 35 of41


AMENDED OR REVISED

2.2 Qualified Title (QT) is to be

registered first prior to thesurvey of land and issuance of

Final Title (FT).

To abolish the registration and

issuance of QT.

(i) Land database system could be easilyupdated, accurate and manageable

(ii) Under this arrangement All alienated land should have

surveyed plan or pre-comp plan.

In the case of title in continuationwhere approval for land

development is granted, pre-com

plan which certified by the Director

of Survey and Mapping shall beused as plan for Final Title.

Eventually all alienated land shouldhave a final title.

Section 79 (2) NLC(Amendment 2001) tobe retained.

The whole Part Elevenof NLC (Section 176-

194) to be repealed

and any reference to

QT in NLC has to be

amended and deleted.

2.3 There are CRDT and CIDT

produced by virtue of CLRS

operation.

In view of CLRS enhancement, there

will be

Only CIDT to be printed. Public or Land Office may accessCRDT information via land

database.

(i) To facilitate the records storage andminimize the space usage.

(ii) In line with centralised titles storagesystem.

(iii)Under this arrangement a copy oftitle plan (B1) for the land may be

made available at any land office

Schedule 14 (Section5A) to be amended.


36/41

Page 36 of41


AMENDED OR REVISED

Only the issuance of first title to beattached with plan.

2.3 QT in continuation as a

consequence of land

development process, i.e.

subdivision of land, etc.

QT in continuation to be abolished. (i) In view of good land administrationsystem, there is a need to have

immediate registration of FT by using

surveyed plan or certified pre-

computation plan.

(ii) Under this arrangement Theconversion of existing QT to FT would

be undertaken by a special task force

or through outsourcing

-do-

2.4 N/A There will be automatic renewal of

leasehold land without requiring for

application in writing by applicant.

Example:

No person claiming under a document of title

shall, in the absence of contrary provision contained

in that document of title, have any right, to any

renewal, whether upon the same conditions or

otherwise, of the estate or interest thereby secured:

(i) By operation of current NLC, there isno guarantee that applicant will get

back his land lease upon surrendering

it to State Authority for renewal or

extension of leasehold.

(ii) Enhance the land value and provide acontinuous security of tenure.

To incorporate new

provision in the NLC.


37/41

Page 37 of41


AMENDED OR REVISEDProvided that the Director may, upon such terms

and conditions as he may impose, re-alienate the

land covered by the document of title to the personwho is the registered proprietor thereof

2.5 In relation to indefeasibility of

title or interest, there is no

compensation or indemnity for

loss in consequence of fraud or

forgery.

There will be an assurance fund to

compensate the innocent persons

who deprived their rights or interest

over land in consequence of fraud or

forgery of misrepresentation.

Incorporating the third principle of Torrens

system (that is insurance principle) into

Malaysian land legislation.

To incorporate new

provision in the NLC.

3 Dealings and Forms

3.2 All land dealings are restricted to

a particular Land Office only.

All land dealings are allowed to be

presented at any Land Office within

the same State.

(i)To facilitate public expectation.(ii)In line with the development of ICT-

based land administration system

nationwide.

(ii) Under this arrangement Registrationcould be done electronically at any

Land Office in the same State.

Section 292(2) tobe amended.

3.3 Forms for land dealings can only

be attested by qualified persons

as prescribed in Schedule 5 NLC.

The qualified persons for attestation

to be extended to government officer

in Management and Professional

level.

To facilitate delivery system andmeet the public expectation.

Reduce burden of landadministrator.

List of attesting officer in

the Fifth Schedule to be

extended.


38/41

Page 38 of41


AMENDED OR REVISED

Exception:

However such an extension does notapplicable to Malay Reserved Land.

In Western Australia any personage 21 years old and above whofree from any criminal record is

allowed to attest a document.

In Malaysia, section 2 of the Ageof Majority Act 1971 provides that

age of eighteen as the age of

majority.

3.4 Private and official title search

only available at Registrar Office

or a particular Land Office.

Title search can be madeonline at any Land Office in

the same State.

Remote title search can bemade online for the registered

customer.

(i) To facilitate the public needs andprofessional bodies or agency in which

they are involved in real estates or landbusiness.

(ii)In DOLA Australia, title search can bedone in 4 ways:

a.Search counterb.Phone and faxc.Websited.E-mail

Section 384 to beamended.


39/41

Page 39 of41


AMENDED OR REVISED

(iii)Under this arrangement By given an access code, a

customer may obtain title search

through a PC (workstation) which

will be made available at every

Land Office upon payment of a

prescribed fees.

A customer may order for a searchvia e-mail, fax machine or by post

where payment can be made by

using credit card. A successfulsearch can be sent to applicant

through fax or by post (whichever

appropriate).

Registered customer may accessfor a search through their PC with

the application software which

provided by the Land Office upon

subscription and registration.

The certificate of title search canbe issued in the form of computer

printout through CLRS or ELAS.


40/41

Page 40 of41


AMENDED OR REVISED

4 Land Development

4.1 There are multiple types ofapplication for land

development, i.e;

(i) Change of conditions s.124(ii) Change of conditions and

subdivision s.124A.

(iii) Subdivision s.135.(iv) Partition s.140.(v) Amalgamation s.146.(vi) Surrender and re alienation

s.204A-s.204H.(vii)Surrender and re alienation

s.203 (country land).

There will be only two types ofapplication for land development;

That is by section 124 and 204A-

204H only.

Flexible, simple, easyto-deal with landmatters for land development. Avoiding

confusion among users.

Under this arrangement

Any endorsement or memorial which isenforceable at the time of surrender

shall be carried forward into the new

title.

The whole Part Nine(Chapter 1, 2 and 3),Sections 203 and 204

to be repealed.

Sections 204A-204H tobe amended.

5 Land Revenue

5.1 There are different rates for late

payment penalty in States Land

Rules.

There will be a uniformed, simplified

and standardised rate and

computation of penalty

(i.e. 10% of rent rate)

To simplified the computation of late

payment penalty.


Any provisions relating to penalty inSLR has to be repealed.

All States will have a standard anduniform computation rate of penalty.

To incorporate a new

provision in NLC.


41/41

Page 41 of41


AMENDED OR REVISED

6 Survey

6.1 N/A There will be one day Certified Planfor one day Title delivery.

Flexible, easyto-deal with land matters atLand Office and Survey Department.

Avoiding red-tapes, cost effective and user-

friendly.


e-submission to be introduced (byupgrading the concept field to

finish)

Section 396 to beamended.

review nlc my point of view

Documents