sabah and sarawak law

8/9/2019 Sabah and Sarawak Law

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SARAWAK LAND CODE AND SABAH ORDINANCE

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LAWS OF SARAWAK LAND CODE (CHAPTER 81) AND SABAH TOWN ANDCOUNTRY PLANNING ORDINANCE (CAP 141)

1.0 INTRODUCTION

In Malaysia, there are a number of laws that are implemented in various aspectssuch as development, crime, environmental, social, economy and many more. Thesetype of laws are not only used to control the respectively aspects, but it also used toexplain the committee of law, the terms and regulations, law enforcement and manymore. One of the laws that are very important to be implementing in Malaysia isabout the development control. The example of laws that enforcing about thedevelopment is Act 171 National Land Code, Act 172 Town and Country Planning,Constitution of Malaysia and many more Act.

In town planning perspective, the main law that been implemented is Act 172 Townand Country Planning. The Town and Country Planning Act 172 is been used as aguidance and enforcement for all level of local governments, local authorities andalso for a Department of Town and Country Planning (Jabatan Perancangan Bandardan Desa, JPBD). However, this act is only implementing in Peninsular of Malaysia. All of state in Malaysia is following the Act 172 except for State of Sabah andSarawak. It is because both of the states are already have their rules and regulationsabout the development planning that are implemented in their own laws.

For State of Sarawak, the law of development plan and control is on Land Code(Chapter 81) Laws of Sarawak. The law had been enacted in 1958 to covers all of

land code in Sarawak State. For State of Sabah, the law of development plan andcontrol is on The Town and Country Planning Ordinance (Cap 141). This ordinancehad been enacted in 1950.

Logically, if the laws of Act are differently been enforced in some area, there will be adifference of their regulations, law enforcement, organizations and many more. Inthis report, the Laws of Sarawak, Sabah and Peninsular of Malaysia will be compiledto identify the differences between the Laws that are respectively implemented inthat region.

2.0 DIFFERENCES BASED ON BASIC LAW COMPONENTS

2.1 Sarawak

The law of development plan and control is on Land Code (Chapter 81) Lawsof Sarawak. The law had been enacted in 1958 to covers all of land code inSarawak State. Basically, the Sarawak Land Code (Chapter 81) had beenprepared by Human Resource Management, Department of Sarawak HeadMinister. The Sarawak Land Code consist 10 parts and more than 248sections. The Ordinance (Land Code) is provided to make a better provisionin the law relating to land in Sarawak.


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2.1.1 Organization and Administration

The planning system in Sarawak state is clearly different to PeninsularMalaysia. It is because Sarawak is practicing the legal system of landdevelopment differently from other states. According to the Land Code in

section 3 under subsection (1),

“This code shall be administered by a Director of Land andSurvey who shall be assisted by such number of Deputy Directors, Assistant Directors, Superintendents, Assistant Superintendents,Settlement Officers, Assistant Settlement Officers, Registrars and Assistant Registrars and Surveyor as the Ministry may appoint”

a. State Planning Authorities

In a main provision of Part X, Chapter A50, Land Code (Amendment)

Ordinance 1997 is the establishment of State Planning Authority. The mainfunction of State Planning Authority is to plan, arrange and control thedevelopment and land use and buildings in Sarawak. The members of theauthority are stated below;

a) Minister as Chairman;b) State Secretary as Deputy Chairman;c) Other Members:

i. Permanent Secretary to the Ministry for Resource Planning as theSecretary of State Planning Authority

ii. Director of Land and Survey

iii. Not more than 3 other members that been elected by Minister,whereas two of them is Government Officers

b. Department of Land and Surveys

The Department of Land and Survey is under the Ministry of Planning andResource Management has a responsibility in land administration andstatutory law. The main role of this department is to implement the landmanagement in Sarawak. One of the branches in this department is Town andCountry Planning Branch, a branch that are importance to plan, draftingpolicy/strategy, shaping the development pattern and implementing every

development to be integrate and comprehensive.

2.1.2 Development Plan

According to Sarawak Land Code (Cap.81), there are three types ofdevelopment plan which are Structure Plan, Local Plan and Rural GrowthCentre (RGC). The development plan is under responsible of Department ofLand and Survey.

a. Structure Plan

The Structure Plan provides the basis for controls on the development and

land use in a region or area. The plan guides the general zones of land usesuch as commercial, residential, government establishments, educational,


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industrial, recreational, parks and open space, government reserves, majorroads and many more land uses. The plan should be capable toaccommodate and adapt as conditions change and new opportunities occur.

According to Sarawak Land Code in Part X, a “structure plan” shall consist of;

“a) a written statement formulating policy and general proposals of theState Planning Authority in respect of the development and other use of landof a town, city or region including measures for the improvement of physicalenvironment and management of traffic;

b) a map or plan showing the general proposals for development or landuse for the area intended to be covered by the plan; and

c) such illustrations or other descriptive matter as the Authority thinksappropriate to explain or illustrate the general proposal in the plan;”

The Example of Structure Plan in Sarawak is Long Lama Structure Plan,Selangau Structure Plan, Mukah Structure Plan, Betong Structure Plan, SongStructure Plan and Igan Structure Plan.

b. Local Plan

The Local Plan in Sarawak is been used to serve as a guidelines fordevelopment control as well as the setting out of a more detailed layout for thedevelopment of an area of a town. The Local plan shows more detailed landuse zones, reserves area such as road, open space and public utilities, and

land use classification. The examples of Local Plan in Sarawak are Awat- Awat Local Plan, Kuala Balingian Local Plan and Santubong Local Plan.

According to Sarawak Land Code in Part X, a “local plan” shall consist of;

“a) a written statement formulating in such detail as the State Planning Authority thinks appropriate for the proposed development and other use ofland in a particular area, or for any description of development or other use ofsuch land, in that area, including such measures as the Authority thinks fit forthe improvement of the physical environment and the management of thetraffic;

b) a map or plan showing the proposal for development or land use forthe area; and

c) such diagrams, illustrations or other descriptive matter as the Authority thinks appropriate to explain or illustrate the proposals in the plan;”


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Detail Land Use Classifications are shown in Table 2.1 below;

Table 2.1: Detail of Land Use in Sarawak Local Plan

Land Use Details

Commercial Zones Lock-up shops, hawker stalls, market, tamu,

bus terminal, shop houses, etc.Residential Zones Low cost houses, flat, apartment, terrace

houses, semi detached, bungalow houses, etc.

Reserves Government reserves, open spaces, townsquare, road, pedestrian walkways, forest, etc.

c. Rural Growth Centre

Rural Growth Centre (RGC) is the current Sarawak plans for ruraldevelopment strategy, aimed at stimulating the economic growth in the ruralareas. In Sarawak, the role of implementing this strategy is also undertakenby the Ministry of Rural Development. Among the components of the strategyis to get the establishment of service centers to provide various facilities andservices to the community in any of the RGCs. The example of RGC Plansprepared in Sarawak state is Padawan RGC (Kuching), Mid - Layar / NangaSpak RGC (Betong Division), Long Lama (Miri Division) and Kampung SemupService Centre (Mukah Divison)

2.1.3 Planning Control

The development planning control is currently being managed by Land andSurvey Department. The responsibility of planning control on PlanningBranch’s Development Control Section is to make a process application forplanning approval and development of land and buildings in Sarawak.

The functions of Planning Branch is to make a process of application for thesubdivision of land, process of application for the variation of title conditions(AVTC) without subdivisions, process of application for the (AVTC),Subdivision, Development of land and / or building, processing certaincategories of building plans and processing of application for depositing ofsurvey plans.

For the planning approval, any approval of subdivision and/or development ofland and/or building which has been given either by;

i. State Planning Authority; orii. The Director of Land and Survey Department

According to section 229 (1) and (2) in Part X of Sarawak Land Code, thefunctions of State Planning Authority shall be;

Planning, regulate and control the development.

Consider and approving terms and conditions of plan for the sub-divisionand land development


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Determining the lo0cation of government buildings, public utilities andfacilities, sitting of new towns, villages and areas for settlement andresettlement of people.

Formulate policy and guidelines to local authorities

Formulate policy and plans for the development and re-development ofany area, including formulation of structure plan and local plan.

Perform other functions as Majlis Kerajaan Negeri may assign to it.

Applying for Subdivision or / and Development of land or / and Building

Submission of planning approval - made in writing to the Superintendent ofLand and Surveys for division except Bintulu.

Planning Approval Requirements

Under section 227, any development of land or buildings must follow;

Subdivision or Amalgamation of Development

Any changes in land use / building

Application for temporary use of land use / building

Subdivision / Development Process

Applicant

State Planning Authority

Applicant

Land and Survey

Applicant

Land and Survey

Land and Survey

Land and Survey Issuance of new subdivided land titles

Deposing of survey plans / approval of T&C

Approval of survey plan

Field survey and construction for engineering work

Approval of subdivision plans and engineering plans

Submission of subdivision plans and engineering plans

Approval of application

Submission of application


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2.2 Sabah

The law of development plan and control is on Sabah Town and CountryPlanning Ordinance (Cap 141). The law had been enacted in 1950 to coversall of land code in Sabah State. The Sabah Ordinance consist 6 parts and

more than 35 sections. The Ordinance (Cap 141) is provided to make a betterprovision in the law relating to land in Sabah.

2.2.1 Organization and Administration

According to Sabah Ordinance (Cap 141), it clarifies that any aspect thatrelated with the field of town planning is under the jurisdiction of theDepartment of Town and Regional Planning Sabah which has the followingfunctions:

a) Technical advisor and chief executive officer of Central Boardb) Interpreting the policies of national, state, regional and local to the

physical plans (Structure Plans, Local Plans, the ComprehensiveDevelopment Plan)

c) To advice the State Government and Local Authority, governmentagencies and private companies in all matters relating to town andcountry planning

d) To advise the Local Authorities on the preparation of draft schemes,plans and standards of development control plans

e) Formulate policies, plans and design standards for adoption related

and implemented by the local authority, government agencies andrelevant private sector

f) To advise the Government on the selection of consultants to makestudies related to planning consultant

g) To advise the Local Authority and other government agencies inproviding planning and landscape works

h) Playing role as secretariat and the key technical advisor to theCentral Board of Town and Regional Planning

i) Review the plan and design standards from time to time

This Town and Regional Planning Department consists of a numberresponsible people such as the director and assisted by deputy directors andis divided into two main departments which are administration and accountsdepartment and the technical department is shown below;

a) Administration and Account Departmenti. Responsible for administrative departmentii. Manage the internal administration

b) Technical Departmenti. Interim Planning Division

a. Divided into four units which is Local Plan Unit, Structure

Plan Unit, Survey Unit and Training Unitii. Development Control and Planning Standards


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a. Process and consider applications for land, the zoningand subdivision of land, development plans and buildingplans

iii. The Central Board of Urban and Regional Planninga. Secretariat and liaison between the center of Town and

Regional Planning with the local authorityb. Consider all the schemes adopted from Local Authorityc. Provide support for the scheme, which received to Yang

Di-Pertua Negerid. To provide advice to the Yang Di-Pertua Negeri in

respect of land development in the statee. Direct and control the local authority with respect to the

jurisdiction of the Town and Country Planning Ordinance(Cap 141)

iv. The Drawing Officea. Prepare a base map for planning purposes the entire

countryb. Involved in residential and industrial layout plan in the

development of new townsv. The Art of Landscape and Garden

a. Assist the State Government, Federal Government andother agencies in the work of landscape

b. Assist the local authority to establish a nursery for thepurpose of beautification

2.2.2 Development Plan

According to the Town and Country Planning Ordinance (Cap 141), thedevelopment plan in Sabah can be divided into three different level which areStructure Plans, Local Plans and Action Area Plans that are underresponsible of Department of Town and Regional Planning Sabah.

Structure Plan

According to Sabah Cap 141, the Structure Plan in Sabah are a reportcontaining a number of things such as maps, numeric data, statistics,prognoses, guideline, policy frameworks and explanatory text. The

preparation of structure plan is based on several objectives, such as:

a) Driving urban developmentb) To ensure the development is in accordance with the administrative

and consistency in the long termc) Ensuring a balance between the development of the developing area

with hinterlandd) Give directions for physical developmente) To provide a policy and action to be taken with respect to land use,

land for investment projects and issues related to the physicaldevelopment


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Local Plan

According to Sabah Cap 141, the Local Plan refers to any such plan is inaccordance with the laws that will provided by Local Authority. Local Plans areproduced to meet the development plan for the area of the scale between

1:5,000 to 1:10,000. The purposes of the Local Plan are:

a) Provide an alternative development based on specific policies thatrelated with types of development such as new development,redevelopment, preservation, and the action

b) To provide a basis for planning controlc) Provide information to the public in respect of planning issues

Action Area Plan

According to Sabah Cap 141, Action Area Plan (AAP) is a plan that moredetailed compared to the local plan. It covers the area of the scale of 1:2,000.The AAP are prepared by the Department of Town and Regional PlanningSabah along with the Structure Plan. The preparation of an AAP is intended tobe an alternative to solve problems of planning and development in somearea. The preparation is also to conduct an intensive change for the region, ina short period of time. This plan is suitable for the development of a majordevelopment potential. The AAP also has no fixed time frame.

2.2.3 Planning Control

According to Sabah Cap 141, the approval of planning permission is by Local Authority. After the planning permission is granted, it allows the person tocarry out development in accordance with the approved plans and conditions.The requirement of planning permission in the development is based onseveral factors. The factors are lead to help Local Authority in;

a) Regulate, control and plan development.b) Ensure that all development and land use by individuals and

developers will be proper and do not cause problems.c) Ensure that the new development is within the desired level for

habitation.

d) Consider all matters required for effective planning before a planningpermission is granted to any proposed development.

e) Take into consideration in particular the Structure Plan.f) Ensure that the proposed development has proper access and

complies with all the terms and conditions of the land title in addition toall the requirements of the other laws.

The demand of planning permission from Local Authority is based on aprocess that was specified in Sabah Cap 141. This process is referred as thefollowing;


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a) Preparation of the basic requirements for an application for planningpermission such as planning permission form site, location plan, validdocuments pertaining to land title and sixteen copies of developmentproposal report

b) Submitted to Local Authority

c) The document and plan will be notified if there has any amendmentsand corrections to be made before the application can be approve

d) If the proposal has some amendments and correction, it should bedone within one month. If not resubmitted within one month, theapplication shall be deemed to have been withdrawn.

e) Planning permission will only be granted if an application for planningpermission approved by the Local Authority

If planning permission has been granted from the Local Authority, thedevelopment must be carried out within 24 months. If no development hasbeen done in that period, the individual or the developer may request theextension of planning permission before the end of the period for whichplanning permission that has been granted.

Consideration of some matters should be taken into account when planningpermission is granted. This is because a development cannot be undertaken ifthere is no approval for other requirements such as:

a) Subdivision plan (if necessary) b) Building plan and permission to commence construction and building

works under the Building By Law 1951 c) Earthworks plan

d) Road and drainage plan for construction of roads and drains e) Sewerage plan f) Landscape plan g) License for industries, commercial, food establishment and others to

commence activities

3.0 SUMMARIZE AND CONCLUSION

For overall summarize, there are a clear differences in Planning Laws and

Regulations between Sabah and Sarawak Laws and Peninsular Malaysia. Thedifferences can be seen in the implementation of Act / Enactment / Ordinance ofeach state, whereas the terms and regulations of planning administration, theorganization board, planning permission, development control and development planhave their own ways to manage and supervising the land in respectively states.

Although each states have their own rules of development plan, it has one samereason for the future that is to create a sustainable development, controlling thedevelopment in urban areas, enforcement in environmental issues and many more.In other perspective, although the rules in Sabah, Sarawak and Peninsular Malaysiaare totally different, the needs of development planning are needed to ensure thatthe planning will remain positive and sustainable.


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Comparison of Act 172 Town and Country Planning,Sarawak Land Code (Cap 81) and

Sabah Town and Country Planning Ordinance (Cap 141)

Elements

Act 172

Town and CountryPlanning

(1976)

Land Code Chapter 81

Laws of Sarawak(1958)

Cap 141

Town and CountryPlanning Ordinance

Sabah (1950)

1. Years of

Enact

1976 1958 1950

2. Parts I. Preliminary

II. Policy and

Administration

II A. Committee of

Regional Planner

IIB. National PhysicalPlan (RFN)

III. Development Plan

IV. Planning Control

V. Development Charge

V A. Tree Preservation

Order

VI. Board of Appeal

VII. Notice of Land

Purchase and Land

AcquisitionVIII. Development Area

IX. Miscellaneous

I. Short Title,

Interpretation and

Administration

II. Land Classification

and Division

III. State Land and The Alienation Thereof

IV. Resumption of

Alienated Land

V. Settlement

VI. Survey

VII. Registration

VIII. Offence and

Sanctions

IX. Arbitration and

MiscellaneousX. Development and

Sub-Division of Land

I. Preliminary

II. Preparation and

Approval of Schemes

III. Interim Development

of Plan

IV. Content and Effectsof Approved Schemes

V. Compensation

VI. Miscellaneous

3. Board of

Directors

Majlis Perancang Fizikal

Negara (MPFN)

(Bhg. II, seksyen 2 A, Act

172)

Sarawak State Planning

Authorities

(Part X, Chapter A50,

Land Code 81)

Central Board of Town

and Regional Planning

4.

Responsibility

Head Director of

Department of Town

and Country Planning

(JPBD)

(Bhg II, seksyen 2B, Act

172 )

Town and Country

Planning Branch,

Department of Land and

Survey

(Part I, section 3(1))

Town and Regional

Planning Sabah

5.

Development

Plan

National Physical

Plan (RFN)

State Structure

Plan (RSN)

District Local Plan

(RTD)

Special Area Plan

(RKK)

Structure Plan

Local Plan

Rural Growth

Centre

Structure Plan

Local Plan

Action Area Plan

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