Release Date: 15 April 2010

The Department wishes to clarify that all genuine native customary rights (NCR) land had been excluded in the provisional lease (PL) issued to Lot 410, 421, 422, 423 and 424 Block 6 Stungkor Land District and Lot 3, Block 7 Stungkor Land District within the vicinity of Kampung Stenggang, Bau.

The PL issued encompasses 1,419.13 hectares of State land. Status of the land had been verified through diligent check on aerial photographs taken back in 1954. The aerial photographs clearly indicate that the land was once virgin jungle.

This is contrary to a news report in The Borneo Post stating that the Department had issued a PL on 1,986 hectares of NCR land in the vicinity of Kampung Stenggang, Bau. The PL was issued to only one plantation company, not two, as reported in The Star.

Staff of the Department have been maximizing aerial photograph technology to determine the land status and land use in facilitating approvals for land applications. The aerial photographs kept in the Department have proven to be accurate and reliable as the same aerial photograph technology is being used for mapping purposes worldwide. These aerial photographs were also used by the Directorate of Overseas Survey, United Kingdom in producing land-use maps of Sarawak.

In addition to aerial photograph interpretation, the Department also utilises information from field books and land use maps prior to giving out any approvals for land applications. The Department also has in its possession IT equipment and high resolution cameras that could assist in processing land applications.

It is therefore unfair to accuse the Department of merely approving applications in the office without having any knowledge of the situation on the ground.

Landowners who feel that their NCR land has been encroached by plantation company may bring up their case as the Department has never failed to recognise genuine NCR. This is evidenced in the case in Niah, Miri where the Department invoked Section 15 of the Sarawak Land Code after residents of Rumah Chang successfully proved that they had NCR on the land based on the permit issued under Section 8(3) of the Land Ordinance 1948.

Any land occupied after January 1, 1958 within the Interior Area Land must have a permit issued under Section 10 of the Sarawak Land Code. Any clearing and cultivation of the old jungle without any such permit issued is deemed illegal under Section 209 of the Sarawak Land Code.

In Sarawak, PL is issued to expedite development and this is followed by a full field survey. However, the PL should not be treated as a permanent and final land title. Prior to issuance of Sarawak Land Code title, a perimeter survey on the ground will need to be carried out in accordance with the boundary of PL. Any genuine NCR claims found within the perimeter survey boundary will be excluded. Alternatively, with the consent from genuine native claimants, the Department may invoke Section 15 of the Land Code where they will be adequately and fairly compensated. Once such issue is cleared, a final title will be issued.

As the Department strives to improve its work processes, it is not wise for land matters to be sensationalised as this could create further confusion and therefore, misguiding the people. The welfare of the people is a matter close to the heart of the Department and the Department makes every effort to ensure land applications are processed in an orderly manner.