Sarawak Land Code Bill passed with two changes

KUCHING: The State Legislative Assembly yesterday passed the Sarawak Land Code (Amendment) Bill, 2018 with two changes that will see the domain limit increased to 1,000 hectares and the title granted in perpetuity, free of premium, rent or other charges.

Deputy Chief Minister Datuk Amar Douglas Uggah Embas, who is also Minister for Modernisation of Agriculture, Native Land and Regional Development, when reading the Bill for the third time, revealed that 35 members of the august house debated and 22 of them expressed concern over the 500-hectares limit.

“Twenty two honourable members have expressed their concern that the limit of 500 hectares a native community may claim as native territorial domain under Section 6A may not be fair and just as some communities' requirement and needs may exceed this threshold. They have proposed that the limit be increased to 1,000 hectares,” Uggah explained.

Uggah also said the assemblymen for Layar, Meluan, Ngemah, Piasau and Bukit Semuja had also proposed that the issuance of the native communal title be granted not just in perpetuity but free of premium, rent and other charges.

“This had always been the intention of the government. However, to make the government's intention clearer, this will be reflected through an amendment to the Bill, of which a motion to do so has been circulated to all the honourable members of this House,” he stressed.

Uggah praised Gabungan Parti Sarawak (GPS) backbenchers for their positive contribution in the debate on the Amendment Bill.

“They have participated in the debate professionally and objectively reflecting their understanding of the proposed Amendment Bill. They all aimed at contributing to shaping the Bill so that we introduce a law that helps solve the problem in relation to native territorial domain,” he said.

The main objectives of the Land Code (Amendment) Bill, 2018 are to give Native Territorial Domain the force of law and to issue Native Communal Title in perpetuity, which will confer on such title a proprietary right to the native territorial domain.

Uggah said once such a title is issued, it will be treated as any title granted under the Land Code, and the proprietary interest in that title would be indefeasible by virtue of Section 132 of the Land Code.

This will resolve the problem arising from the Federal Court's decision in TR Nyutan's case relating to Provisional Leases; and to repeal provisions in the Land Code (Amendment) Ordinance, 2007 which have not come into force, resulting in for example, the reinstatement of Section 5(2)(f).

The Bill, Uggah stressed, re-affirms the principle of inclusiveness as Sarawak has more than 30 native groups, each with their own customs and culture.

“For that reason, the term Native Territorial Domain is used rather than its equivalent, Pemakai Menoa and Pulau Galau for Iban, Cari Makan for Malay, Tu'an for Bidayuh, etc.,” he explained.

Uggah took to task the Krian and Tanjung Batu assemblymen for accusing that the Bill only seeks to confer usufructuary right which is only a right to use and not to own the land.

“It is apparent that both members do not understand the Bill and are confused. Let me clarify for their benefit once again.

“The term ‘usufructuary' is merely descriptive of the customs and practices which would be legally recognised by the amended provisions to establish ownership rights to a native territorial domain.

“It is merely a process of claiming the area as their territorial domain.

“After the usufructuary right is established, the territorial domain will then be given a native communal title which confers a proprietary right on the territorial domain.

“This is giving ownership of the native territorial domain to the community. In other words, they own the territorial domain, not just the right to use. I hope this will clear the doubt on this issue. This is the product of the process,” Uggah explained, and called upon the duo to check with Batu Lintang assemblyman to explain the difference.

Answering a question on why application has to be submitted to the Superintendent of Land and Survey, Uggah clarified that the Director of Land and Survey assisted by officers in the Department, including Superintendent, is the administrator of land in Sarawak as provided for in Section 3 of the Land Code.

“There is a proposal for a committee or commission to be formed to assist the Department of Land and Survey in verifying the claim and area for native territorial domain. We will study this proposal,” he said.

Uggah also rebutted the allegation made by Tanjung Batu representative that this amendment erodes the NCR land of the natives.

“Let me emphasise that native territorial domain under Section 6A is over and above the right of a native or native community to claim NCR under Section 5. Therefore, it is not true that the natives will lose land ownership by this amendment as alleged by the honourable member for Tanjung Batu. His assertion reflects his lack of understanding of this amendment.”