Release Date : 18 November 2009

It has been brought to our attention that there are many instances of companies and individuals executing agreements with NCR land owners purportedly for plantation, housing and commercial developments.

Let me re-iterate here, that Government recognizes Native Customary Rights that are created in accordance with the Law.
However, whether any land is subject to NCR, must first be verified by the Lands and Surveys Department who will confirm if claims to NCR are genuine or otherwise. Assuming the Native Customary Rights over any parcel of land lawfully exists, the rightful claimant must be verified of certified by the Ketua Masyarakat who has jurisdiction over the area.

Here, I wish to remind the Ketua Masyarakat that false certification relating to the claimant of Native Customary Rights, is a serious offence under Section 210(e) of the Land Code.

For the information of the public, Section 8 of the Land Code expressly prohibits any non-native from acquiring rights or privileges over NCR land. Any arrangement such as by way of agreement purporting to transfer or confer any rights or privileges over NCR on non-native or which would result in a non-native enjoying such rights or privileges, shall be considered illegal.

Having said all the above, any proposal to develop land for the purpose of housing and commercial developments, or any development or the making of material change of use of any building or land as defined under Section 227 in Part X of the Land Code, be it on alienated land or land subject to Native Customary Rights, must obtain prior approval of the State Planning Authority.

For NCR landowners who are interested to develop the Native Customary Land into plantation, they are encouraged to participate in the new concept of NCL development implemented by the Government through the Ministry of Land Development. Under this scheme, the existence of NCR lawfully created would be verified and a joint venture agreement would be entered by the NCR landowners, the investors and LCDA. This scheme ensures that the interests of the natives will be protected and will prevent NCR landowners from being exploited by unscrupulous people.

In cases where the so-called investor has entered into an agreement with a native who is not the rightful claimant to the land or the land is not encumbered by Native Customary Rights, the Government cannot be held liable or accountable for any loss arising from these unlawful transactions.

In the public interests, I would advise all parties, natives and nonnatives, to avoid entering into any transactions in relation to Native Customary Land which are prohibited either by the Land Code or by any conditions imposed by the Government for use or occupation of State land gazetted as Native Communal Reserves.