Sabah Land Rules 1930 (Section 46 - GN 505/1930)

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Sabah Land Rules 1930

(Section 46)

GN 505/1930)

The Sabah Land Rules 1930, established under Section 46 and published as Government Notification 505/1930, provide comprehensive regulations governing land matters in Sabah. These rules, effective from December 27, 1930, detail procedures and requirements related to the application, allocation, and management of State land.

Key Provisions:

  1. Application for State Land:

    • Submission Requirements: Applicants must submit a written application accompanied by a sketch indicating the approximate location of the desired land. For titles under Part IV, oral applications to the Collector are permissible.
    • Application Register: Each district's Collector maintains a register of all land applications, formatted as per Schedule A.
    • Fees: Applications are considered valid only upon payment of specific fees:
      • For Part II or Part III titles: At least one-quarter of the estimated survey fees and, if applicable, one-quarter of the assessed premium.
      • For Part IV titles: At least one-sixth of the estimated survey fees.
    • No Guarantee Clause: Payment of fees does not guarantee land allocation, nor does it imply approval of the application.
    • Cancellation Conditions: The Collector may cancel applications if the applicant fails to sign the title within six months of notification, leaves the district without providing an address or appointing an agent, or does not accept special conditions within three months of communication.
    • Refunds and Forfeitures: If an application is refused, fees are refunded. Withdrawn applications incur expenses, and any remaining balance is refunded. Cancelled applications result in forfeiture of fees to the government.
  2. Licenses:

    • Issuance Authority: Collectors can issue licenses under Sections 24 and 25, subject to conditions set by the Minister.
    • Resource Extraction Licenses: Collectors may grant licenses, as outlined in Schedule B, for the removal of resources (e.g., earth, gravel, stone) from land, primarily to landowners or with their consent.
    • Fees: The fee structure includes RM5 per month for each person employed in extracting materials like earth, gravel, stone, coral, shell, sand, loam, or clay, or in manufacturing related commodities. The Minister retains the discretion to grant partial or total exemptions.
    • License Validity: All licenses expire on the last day of the month or year for which they are issued.
    • Security Deposits: Prior to license issuance, the Collector may require a monetary deposit to cover potential costs arising from the licensed activities.

These provisions are part of a broader framework designed to regulate land use, ownership, and resource management in Sabah, ensuring orderly development and adherence to legal standards.

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