KUCHING: The amendment to the Land Code is never intended to cause poor natives to be landless or to be exploited by rich natives but is done to enhance the value of the native customary rights (NCR) land.
Deputy Chief Minister Datuk Patinggi Tan Sri Alfred Jabu Numpang said the amendment would also allow for the transferability or dealing of NCR land and enable landowners to transfer or temporarily lease their land for monetary consideration.
“It is to allow for the transferability or dealing of native customary rights (NCR) lands, enable the landowners to transfer or temporarily lease their land for monetary consideration and enhance the value of the land,” he said in responding to the points raised by the State Legislative Assembly (DUN) members who debated on the Land Code (Amendment) Bill, 2014 on Monday.
The Bill, after being read for the first time on Monday, was passed by the august house after the second and third reading at the State Legislative Assembly sitting yesterday.
Jabu, who is also Minister of Modernisation of Agriculture, assured that the state government, in the implementation of the amendment, would take into consideration the suggestions made such as the limitation of size of NCR land that a native may acquire or own.
“If considered appropriate and proper, the government could subsequently make laws to regulate the transfer or dealing in NCR land,” said Jabu, who is also Minister of Rural Development.
In responding to Baru Bian (PKR-Ba Kelalan), who was not very comfortable with the inclusion of new Section 197A that would protect the state government from exposure to liability for any loss from private land dealings, Jabu said the government ought not to be held responsible as all dealings and transactions consequencial upon the amendment were conducted on a “willing seller and willing buyer” basis.
Given the state government’s dedication to develop the rural areas as demonstrated in Budget 2015 and taking into account that most NCR lands are located in the rural areas, he said the lands would be needed for the implementation of development projects, adding that the state government would consult the affected NCR landowners if it intend to pursue any large scale projects.
On the suggestion by Violet Yong (DAP-Pending) for the State Planning Authority (SPA) to delegate its power to a panel for consideration and approval of application for development and sub-division of land, he said there was no necessity to do so as SPA, which has statutory powers to regulate its own proceeding and procedure would determine or define the function and scope of duties of each panel it formed.
Jabu also regarded the insinuation by several opposition assemblymen that the amendment would benefit those with financial resources to purchase large tracts of NCR lands from the uneducated and financially vulnerable land owners as unfounded and the suggestion was firmly rejected by the government.
On government gazette, he said besides being posted in prominent parts of rural areas including in schools and villages, it was the duty of the elected representative in any constituency to bring the notice of the constituents.
Jabu also assured the NCR landowners who participated in joint ventures with the state government as part of the poverty eradication programme to develop their lands, that their lands would be reverted back to them upon the expiry of 60 years as stated under their agreement and the lands would be issued with perpetuity land title free of charge for them.
While thanking Abdullah Saidol (BN-Semop) for defending the native rights, he assured the august house that the government would always protect the interests of the native by ensuring that the amendment of the Land Code is implemented fairly and equitably, assuring that the amendment would not be taken advantage by the rich and inflict hardship to the poor.
“The amendment is to provide opportunities for those who have to dispose off their lands and those who want to develop such land because they have the resources to do so. How the balance of interests could be achieved would be carefully considered by the government.”