Relevant Provisions of the Land Code in the acquisition of Native Customary Land

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.

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 (1), 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 (4).

Section 5 (4) 

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

1. His claim to native customary rights has been rejected or not recognised by the Superintendent.
2. The allocation of land over which such rights are to be exercised, is inadequate or inequitable; or 
3.  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 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.