TEMPORARY OCCUPATION LICENSE (TOL)

LAW 504

Prepared by:

Pn Hamsiah Omar

Sec. 65 – types of land that can be issued with TOL

(1) SA may issue permit Tol of(a) State land;(b) Mining land (not for the time being used for

mining)(c) Reserved land (not for the time being used

as reserved)(2) TOL may be issued for any purpose but not

for purposes prohibited under sec. 42(2)

2. Section 66 – who issues TOL

(a) State land – Land administrator

(b) Mining land – Land administrator with approval of senior inspector of mines/officers in charge of mining;

(c) Reserved land – Land administrator with the approval of officer in charge of the reserve land.

Proviso, Land administrator is not authorised to issue TOL inrespect of any river

3. sec. 67(1) - duration

Issued for a term not later than the end of the calendar year in which it commences

No matter when it is approved, it will expire on 31st December on the year it was issued

eg: if license issued in may 2009, it shall expire in December 2009

Sec 67 - Condition

(2) Every T.O.L :-

Is subject to the conditions stated in the said license;

Must be consistent with any other conditions that may be prescribed;

The purpose of the TOL granted is prescribed in the relevant form.

Sec. 67 - Renewal

(3) TOL may Apply for renewal to the Land Administrator (LA) LA may on application renew such a license for a

term not more than one calendar year; Proviso, there should not be more than 3 renewals

unless a prior written approval from the SA obtained.

(4) Every TOL shall be in F4A, if renewed, license will be endorsed with such renewal and the date of next expiry

Sec. 68 – TOL not capable of transfer

TOL shall not be capable of assignment TOL shall terminate on death of holder/dissolution of

company except (Sec. 426 – where there is a substitution of holder – applied by present holder in F30C to the Registrar)

Sec. 68A – Deposit

The SA may direct LA to ask for deposits from TOL

holder – a reasonable amount – as security for the

rehabilitation of the land upon termination of TOL

Sec 69 – Combined TOL and Permit to extract Rock Material

The purpose of TOL issued may include the extraction and removal of rock material

Shall be in F4B an issued for a maximum term of 5 years or more as may be prescribed (but it does not for purpose of obtaining metal or mineral)

The TOL shall be deemed to constitute a permit validly issued (to extract and remove rock material) on behalf of the SA

Rights and obligations of TOL holder

(1) To pay annual fee;

(2) To pay deposit, if required

(3) To apply for renewal, no automatic renewal

case ; Teh Bee

4. TOL HOLDER CAN SUE TRESPASSER

case : Julaika Bivi v. Mydin (1961) MLJ 310

J, a TOL holder – a house erected by previous holder. TOL holder and D was in possession of part of the house. J requested D to move out but was ignored by D

Held : a holder of a TOL who is in possession of the land can sue any trespasser

Mohammed Said v. Fatimah

A . a TOL, brought an action for trespass against B.

His license had expired at that time.

Held : at the time he instituted the action A had no right to the possession of the land (due to expiry of the license and not renewed) and therefore could not institute an action for trespass against B

A holder of the license is not allowed to assign his TOL as it merely confers a personal right to the holder

Hee Cheng v. Krishnan (1955) MLJ 103

Paruvathy v. Krishnan (1955)

Any assignment, arrangement to transfer or assign the whole or any part of the TOL land will be of no effect and such assignment/arrangment will be illegal.

TOL holder is allowed to rent his house built on his TOL land

Govindaraju v. Krishnan (1962) 1 MLJ 334

TOL will terminate on the death of the person holder or dissolution of the company/body.

Pappo v. Veriah (1965) 1 MLJ 127

Fatimah v. Moideen Kutty (1969) 1 MLJ 72

A holder of the license is not entitled to any compensation upon termination of TOL

The Bee v. K. Maruthamuthu

A TOL holder is a trespasser if not leave the land upon its termination

PP v. Yap Tai (1947) MLJ 50