Relevant Provisions of the Land Code Pertaining To Land Acquisition in Sarawak

Section 47

It is a public notice that the land may be required for a public purpose. It authorises government officers to carry out survey and investigation on the land to ascertain whether the land is suitable for public purposes. It also fixes the date of valuation.

Section 48

It is a public notice that the land will be compulsorily acquired for a public purpose, usually but not necessarily following a Section 47 notice.  If there was no Section 47, the date of Section 48 notice is the date of valuation. It also empowers government officers to enter the land for survey and investigation.

Section 49

It is a notice to the landowner and other persons who have an interest in the land to appear before the Superintendent to present their claims and objection at the Inquiry fixed by him.  Inquiry is held not less than 21 days from the date of the notice issued to the landowner or any persons who have registered interest in the landed property.

Section 53 (2)

It is a direction of the Minister in cases of urgency when the Superintendent may take possession of the land on the expiration of 15 days of service of Section 49 notice even though no award has been made provided that the land is vacant.

Section 56

Any persons dissatisfied with the award may on written application to the Superintendent require the matter be referred to the High Court for determination. The application shall state the grounds on which objection to the award is taken. The application must be made within 6 weeks of the date of the award.

Section 60

It specifies the matters to be considered in determining the amount of compensation to be awarded for land compensation such as date of valuation, severance, injurious affection, incidental cost due to change of residence or place of business and improvement with prior consent of the Superintendent.

Section 61

It states the matters to be disregarded in determining compensation. They are:- 

• The degree of urgency which has led to the resumption. 
• Any disinclination of the person interested to part with the land resumed. 
• Any damage caused after Section 48 by or in consequence of the use to which it will be put. 
• Any increase in value of the land resumed likely to accrue from the use to which it will be put when resumed. 
• Any outlay on additions or improvements to the land unless necessary for the maintenance of any building in a proper state of repair. 
• Any improvement made without the prior consent of the Superintendent after the Section 47/48 notice.

Section 79

It is a public notice stating that the land is no longer required for a public purpose.

Section 5 (3)

Any native customary rights may be extinguished by direction issued by the Minister which shall be;

• Published in the Gazette and one newspaper circulating in Sarawak 
• Exhibited  at the  notice  board of the  District Office  for the area  where the land, over  which such rights are to be  extinguished is situated and on the date specified in the direction, the native customary rights shall be extinguished and the land held under such rights shall revert to the Government:  Provided that where such  rights are extinguished in pursuance of this section compensation shall be paid to any person who can establish his claims to such rights in accordance with paragraphs (b) and (c); or other land over which such rights may be exercised may be made available to him with or without the payment of additional compensation whether for disturbance, or for the costs of removal, or otherwise. 

Any person who desires to make any claims for compensation must submit his claim with evidence in support thereof to the Superintendent, in a form to be prescribed by him, within such period as may be stipulated in the direction issued by the Minister under paragraph (a), provided that the period so stipulated shall not be less than sixty days from the date of publication or exhibition thereof. 

No claim for compensation for extinguishments of native customary rights shall be entertained by the Superintendent unless such claim is submitted within the period stipulated in paragraph (b).

Section 5 (4)

Any person who is dissatisfied with any decision made by the Superintendent under subsection (3) on the ground that - 

• His claim to native customary rights has been rejected or not recognised by the Superintendent; 
• The allocation of land over which such rights are to be exercised, is inadequate or inequitable; or 
• The amount or apportionment of compensation is inadequate, unfair or unreasonable,

may within twenty-one days from the date of receipt of the decision of the Superintendent, by notice in writing addressed to the Superintendent require the matter to be referred to arbitration in accordance with section 212.

Upon receipt of the notice of arbitration, the Superintendent shall direct that any compensation payable to the person who desires to have his claim or matter referred to arbitration, to be deposited in the High Court, pending the outcome of such arbitration proceedings.

Section 6 (1)

"The Minister may by order signified in the Gazette declare any area of State Land to be a Native Communal Reserve for the use of any community having a native system of personnel law and may, by such order or by subsequent order, declare that customary law of such community in relation to the acquisition, transfer and transmission of rights and privileges in or over land, and in any building or other structure erected therein, shall apply with such modification as may be specified or provided for in any such order."

Section 6 (4)

If the Minister is satisfied that any part of any area comprised in any declaration under subsection (1) is no longer required as a Native Communal Reserve and that this subsection may be applied without causing injustice or oppression, he may by order signified in the Gazette declare that such part shall cease to form part of such Native Communal Reserve, and as from such date, if any, as from which such declaration is expressed to come into effect, or, if no such date is expressed, then as from the publication in the Gazette of any such order, such part shall be at the disposition of the Government as free and unencumbered  by any right, privilege or equity in respect thereof as if it has never been declared to be a Native Communal Reserve.

Section 15

Section 15 (1) applies to the alienation of State Land over which Native Customary Rights have been lawfully created and stipulates that in such situation, Native Customary Rights over the land, must either be terminated or the same should be surrendered and that provisions to be made for compensation to the persons entitled to such rights.