Sarawak Land Code Chapter 81

LAWS OF SARAWAK LAND CODE
CHAPTER 81
(1958 EDrTrOlO lncorporatingall amendments modifi cations and ' upto L 1.1999

Conpiled in the

STA'IE ATTORNEY.GENERAL'S CIIAMBERS, KUCHINC

DICETAK OLEH PERCETAI(AN N,4SIONAL MALAYSIABERHAD, KUCHNC, SARAWA( 1999

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Native customary rights

Part II

5.---(1)'' As ftom the lst dayofJanuary, 1958, native customary rights may be createdin accordance with the native customarylaw of the cornmurity or conmunities concemedby any of the methods specilied subsection ifa permitis obtained in (2), urde! section10, upon Intgrio! Ar€a Land. Saveas aforesaid, without Fejudice to but the provisions hereinaftercontainedirt respectof Native Communal Reserves rights ofway, no recognitionshall be givento anymtive and customary rightsoverany landin Sarawak created afterthe lst dayof January, 1958,and if the land is Statelandany person occupation in thereofshall deemed be in unlawfuloccupation State be to of landand section shallapplythereto. 209 The methods by which native customaryrights may be At acquiredare(a) the felling of virgin jungle and the occupation the of land ahereby cleared; (b) the plantingof land with fruit trees; (c) the occupation cultivation or ofland; (d) (, the useof landfor a burial groundor shrine; any other la\{ul method: (i) until a docunentof title has beenissuedin respectthereof, such land shall coriti[ue to be Stateland and any native lawfully in occupation thereof shall be deemed hoid by liceoce to from the Government shall and not b€ .equired to pay any rent in respcctthereof unless anduntil a document ofiitle is issued him; aid to (ii) the questionwhethq any such dght has beed acquired hasbeenlost or extidguished or shall,sd[e''inso far as this Code makescontraryprovision, be determiried by the law in force immediately prior to the lst day of January, 1958. (e) the useofland ofany class foirights ofway; or Provided that-

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(3) (a) any narive