LAND ORDINANCE OF SABAH

To regulate the alienation and occupation of state lands.

PART ONE - PRELIMINARY - SS. 1 & 2 SHORT TITLE

PART I PRELIMINARY

1. Short title. This Ordinance may be cited as the Land Ordinance.

2. (Omitted under the Revised Edition of the Laws Ordinance and the Interpretation Ordinance.)

3. SAVING

3. Saving. Nothing except as herein specially otherwise enacted shall affect the past operation of any written law relating to land tenure heretofore in force in the Mainland or in Labuan or of any order made or the validity or invalidity of anything done or suffered or any right,title or interest created thereunder.

4. INTERPRETATION

4. Interpretation
In this Ordinance the following terms shall, if not inconsistent with the context or subject matter, have the respective meanings hereby assigned to them-

“abandonment” means the failure on the part of any holder of a title to land to use such land for the purposes for which it was alienated for such period and to such extent as may be prescribed in each case;

“alienate” means to lease, or otherwise dispose of State land on behalf of the Government in consideration of the payment of such rent and of such premium, if any, as may be required;

“charge” means any charge created on land for the purpose of securing the payment of money, and also the instrument by which the charge is created;

“chargee” means the person in whose favour a charge is created, and includes the person for the time being entitled to the benefit of such charge;

“Collector” means any Collector of Land Revenue or Assistant Collector duly appointed under this Ordinance;

“country land” means all State or alienated land not included within the boundaries of a town declared under this or any previous Land Ordinance;

“Court” means the High Court;

“cultivation” with its cognate expressions means the effective use of the land for the purpose for which it was alienated;

“dealing” means any transaction of whatever nature by which land is affected under this Ordinance;

“deliver” includes to transmit by hand or post;

“Director” means the Director of Lands and Surveys or the Deputy Director of Lands and Surveys;

“foreshore” means all that land lying between the high-water mark and low-water mark of ordinary spring tides;

“guano” includes the excrement of bats and birds;

“forest produce” shall have the same meaning as that assigned to it under the

Forest Enactment, 1968;

“land” includes—
(a) the surface of the earth and all substances forming that surface;
(b) the earth below the surface and all subtances therein;
(c) all vegetation and all natural products, whether or not requiring the periodical application of labour to their production, and whether on or below the surface;
(d) all things attached to the earth or permanently fastened to any thing attached to the earth, whether on or below the surface; and
(e) land covered by water;
“land revenue” means every sum now due or which shall hereafter become due to the Government on account of premium or rent due in respect of land and fees of any kind chargeable under this Ordinance;

“lease” means any lease of land given on behalf of the Government;

“Malay Archipelago” shall include the State of Brunei Darussalam, the State of Sarawak, the States of Malaya, the Republic of Singapore, the Republic of Indonesia and the Sulu Group of the Philippine Islands;

“memorandum” means the document recording any dealing, decision or order required to be registered under this Ordinance;

“Native Court” means the Native Court as constituted by the Native Courts Enactment, 1992;

“Native Title” means an entry in the Native Title Register or in the Field Register under Part IV;

“owner” means the individual person, incorporated company, or body corporate, for the time being registered as the lessee of State land or as the holder of land comprised in an entry in the Native Title Register or Field Register, and includes a legally appointed trustee, executor, administrator, liquidator or Official Receiver;

“prescribed” means authorised by this Ordinance;

“Register of Titles” means the files or volumes of the original titles to land;

“Registrar” means a Registrar of Titles appointed under this Ordinance, and includes a Deputy Registrar of Titles;

“rent” means whatever is to be rendered on account of the use or occupation of land, whether in money or in kind;

“sub-lease” includes a letting by the owner of land held under Part IV;

“State land” means all lands which have not been and may not hereafter be reserved for any public purpose, or which have not been and may not hereafter be leased or granted to or are not and may not hereafter be lawfully occupied by any person, and includes all lands which, at the commencement of this Ordinance, may have become or which hereafter may become forfeited by reason of any breach of the conditions on which the same have been lawfully occupied, or which have been or may hereafter be surrendered to the Government by the lawful owner thereof;

“survey” means emplacing boundary marks and making, recording or computing such measurements as are necessary to define the position of boundary marks or to establish the situation and area of any land;

“title” means any Lease, Provisional Lease, or entry in the Native Title Register or in the Field Register issued under the provisions of this Ordinance;

“Town Land” means all land included within the boundaries of a town declared under this or any previous Land Ordinance;

“transfer” used in connection with land or a charge means the passing of such land or charge by act of the owner or chargee or by order of the Collector or Director or of the Court, and also the memorandum in which such passing is recorded.

5. Government property in land.

5. Government property in land.
The entire property in and control of State land or land reserved for a public purpose is and shall be vested solely in the Government.

6. UNLAWFUL OCCUPATION NOT TO ESTABLISH RIGHTS

6. Unlawful occupation not to establish any rights.
(1) Notwithstanding anything to the contrary contained in this Ordinance or in any written law relating to limitation of suits in force in Sabah, no unlawful occupation of State land or land reserved for a public purpose or residential purpose or occupation under temporary licence for however long a period shall establish any right, title or interest in State land or land reserved for a public purpose or residential purpose or create any right to demand a title to such land from the Government.
(2) Adverse possession of land for any length of time whatsoever shall not constitute a bar to the bringing of any action for the recovery thereof by the owner or any person entitled to an interest therein, and accordingly, any written law relating to the limitation of suits in force in Sabah shall in no circumstances operate to extinguish any title or interest inland.

7. CLASSIFICATION OF STATE LAND

7. Classification of State land.
State land for the purpose of this Ordinance is divided in the following classes-
(a) Town Lands.
(b) Country Lands.