PMPG: Amendment to see issuance of communal titles?

KUCHING: The amendment to the Sarawak Land Code involving native customary rights ( NCR) land may see ‘ pemakai menoa’ (territorial domain) and ‘ pulau galau’ (communal forest reserve) be given force of law with the issuance of ‘ native communal title’ with proprietary rights.

A source indicated to The Borneo Post yesterday that the new amendment is believed to not only recognise and give legal effect to the custom of pemakai menoa and pulau galau, but will also be “over and above NCR” and be legally guarded under the Land Code.

According to the source, a clause under the new law is expected to give a definition that provides that a title be issued in accordance with Section 6A over a native territorial domain for a ‘title’ under the Land Code.

“This gives the right under

This gives the right under native territorial domain as a proprietary right and not just limited to the usufructuary right – widely practised in Commonwealth countries that include Australia, Canada and New Zealand. Source

native territorial domain as a proprietary right and not just limited to the usufructuary right – widely practised in Commonwealth countries that include Australia, Canada and New Zealand,” added the source.

Meanwhile, a senior lawyer wellversed on Sarawak land laws told The Borneo Post said the issuance of native communal titles would implicitly recognise NCR over areas up to 500 hectares per longhouse community adjoining to their ‘ temuda’, which is land cleared, occupied and cultivated by native persons.

“Natives will be issued with communal title to use that area called native territorial domain for agricultural purposes. All areas under NCR or native territorial domain will be excluded from provisional leases,” said the lawyer, adding the Bill will not affect cases already decided by the courts.

Deputy Chief Minister Datuk Amar Douglas Uggah in a recent interview insisted that the new introduction will give both pemakai menoa and pulau galau the force of law.

He had also defended the proposed Bill and asserted that he would explain at length during the tabling of the motion in the State Legislative Assembly sitting on Wednesday.

“The proposed Bill has been well researched and all native groups have been consulted,” he said.