Labuan Native Title Act 2007

Original Language Title: Labuan Native Title Act 2007

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Labuan Native Title 1 laws of MALAYSIA Act REPRINTING 667 Native TITLE ACT 2007 LAbUAN As at 1 November 2012, PUBLISHED by the COMMISSIONER of law revision, UNDER the AUTHORITY of law REVISION ACT 1968 2012 2 laws of Malaysia Act Royal Assent Date 667......... July 18, 2007 date published in the Gazette of ... ... more 26 July 2007 Title Anak Negeri Labuan 3 laws of MALAYSIA Act 667 LAbUAN Native TITLE ACT 2007 ARRANGEMENT of SECTIONS part I preliminary section 1. Short title, application and commencement 2. Interpretation part II HOLD NATIVE and NATIVE TITLE 3. Native title deemed native holding 4. The register of Native Title 5. The provisions about the memorial at document of title 6. Grant of title as held native 7. Application for the registration of land as held anak negeri 8. Application for cancellation of holding native part III RESTRICTION on MATTERS REGARDING NATIVE HOLDING 9. Restriction on transfer of ownership and lease 10. Restriction on dealings by representatives of 11. Restriction on application based on lien through the deposit of title 12. Restrictions on private caveat 13. Restrictions on bankruptcy 14. Restrictions on detention in the implementation of 15. Restrictions on trusts 16. Restrictions on grant of probate and letters of Administration 4 laws of Malaysia Act 667 part IV of NATIVE HOLDINGS CAN BE SOLD, LEASED, transferred OWNERSHIP, etc.
Section 17. Sales by pembeban 18. Native holding can be leased or transferred ownership to the Corporation or the Federal territory Islamic religious Council 19. Native holding can be digadaikan to the financial institutions 20. Hold native title can be transferred to the statutory bodies, cooperatives and organisations 21. Amanah Raya Berhad deemed native in the particular case 22. Arrangements inconsistent with Act void 23. Dubious cases shall be decided by the High Court 24. The Act applies to the provisions of other laws part V NATIVE RESERVE 25. Native reserves a VARIETY of part VI 26. Power of Minister to make rules 27. Fees of the first schedule second schedule of the third schedule of the Labuan Native Title 5 laws of MALAYSIA Act 667 LAbUAN Native TITLE ACT 2007 an act to provide for the registration of native title in Labuan in the register of Native Title, native will find about holding and Declaration of Native Reserves and for matters connected therewith.
[15 Jan 2010; P.u. (B) 15/2010] enacted by the Parliament of Malaysia as follows: part I preliminary short title, application and commencement 1. (1) this Act may be cited as the Native Title Act 2007 Labuan.
(2) of this Act apply to the Federal territory of Labuan.
(3) of this Act come into force on such date as the Minister may, by notification in the Gazette.
Interpretation 2. (1) in this Act, unless the context otherwise requires — "native" have the same meaning assigned to it in section 2 of the Ordinance the interpretation (definition of Native) 1952 [Sabah Cap. 64] as applicable to the Federal territory of Labuan by virtue of order of the Federal territory of Labuan (Modification Ordinance Interpretation (definition of Native)) 1984 [P.U. (A) 171/1984];
6 laws of Malaysia Act 667 "statutory body" means the Federal Government agency;
"Native Title Register" means the Register of title who is referred to in section 5;
"The Working Committee of Land" means Land Working Committee Federal territory of Labuan established under subsection 12 (1) Canon;
"Code" means the national land code [Act 56/1965] as extended and apply to the Federal territory of Labuan by virtue of section 7 of the Act of the Constitution (Amendment) (No. 2) Act 1984 [Act A585];
"native community" has the meaning given to "native" in section 2 of the Ordinance the interpretation (definition of Native) 1952 as applicable to the Federal territory of Labuan by virtue of order of the Federal territory of Labuan (Modification Ordinance Interpretation (definition of Native)) 1984;
"High Court" means the High Court in Sabah and Sarawak;
"Minister" means the Minister charged with the responsibility for land in federal territory Labuan;
"Land Ordinance" means the Sabah Land Ordinance [Cap. 68] as applicable to the Federal territory of Labuan by virtue of order of the Federal territory of Labuan (Modification of the Land Ordinance) 1984 [P.U. (A) 291/1984];
"holding anak negeri" means any land that is registered in the name of someone native;
"Registrar" means the Registrar of titles appointed under subsection 12 (1B) Canon and includes the Deputy Registrar of title;
"The State Director" means the Director of lands and mines Labuan appointed under subsection 12 (1B) Canon and includes Deputy Director of lands and mines;
"Native Reserve" means the Reserves who is referred to in section 25;
"Federal land" means any land in Labuan which have not been disposed of by any other means;
Labuan Native Title 7 "Labuan" means the Federal territory of Labuan as described under section 2 of the Constitution (Amendment) (No. 2) Act 1984 [Act A585].
(2) for the purposes of this Act, a corporation, cooperative or corporation shall, if and as long as every Member of the company, cooperative or corporation that is a subsidiary of the State, be deemed to be native, notwithstanding the definition of "native" in this section.
Part II HOLD NATIVE and NATIVE TITLE REGISTER Native Title deemed native holding 3. (1) any title who is registered under the Land Ordinance shall be deemed to hold native when this Act comes into force and native title shall be registered in the register of Native Title by the Registrar.
(2) the Working Committee of Land can add to, or cancel out, express Native Title any native holding from time to time as he thinks fit.
The Register Of Native Title 4. (1) the register of Native Title shall be in form 1 of the first schedule.
(2) the register of Native Title must be maintained by Registrar from time to time in accordance with any decisions made by the Working Committee of the land.
The provisions about the memorial at title 5. (1) when this Act comes into force, the Registrar shall open a register of Native Title and register all native title existing in the register of Native Title.
8 laws of Malaysia Act 667 (2) upon native title existing registered in the register of Native Title, the Registrar shall make a similar memorial for the native title as set out in form 2 of the first schedule in every land title registry listed in the register of Native Title.
(3) when any memorial is made at any land title registry for any land under subsection (2), the Registrar shall by notice in form 3 of the first schedule requires the owner of the land or any other person who owns the land title for release so that the land is handed over the title of the release and such upon delivery shall make a similar memorial in the output document of title as may be made at the registry document of title for the land.
Grant of title as held anak negeri 6. (1) the land Executive Committee may, if it thinks fit, decided that any land approved for title shall be registered as a freehold native.
(2) upon native holding is registered in the register of Native Title, the Registrar shall make a similar memorial for native holding as in subsection 5 (2) on the land title registry and title release.
Application for the registration of land as held native 7. (1) any State may apply to the Registrar in form 4 of the first schedule for admission into native as held and shall be registered in the register of Native Title.
(2) upon an application made under subsection (1) by the proprietor, the Registrar shall register the land is in the register of Native Title and shall make a similar memorial as in subsection 5 (2) on the land title registry and title release for the land.
Labuan Native Title Application for cancellation of shareholding 9 anak negeri 8. (1) the proprietor of any native holding may apply to the Registrar in form 5 of the first schedule so that his land was cancelled from native stands.
(2) upon receipt of the application, the Registrar shall refer the application to the Committee for decision.
(3) the Registrar shall notify the applicant of the decision of the Executive Committee of land by notice in form 6 of the first schedule.
(4) in the case if the application is approved, the Registrar shall — (a) mengkensel memorial at native holding of land title registry and the release document of title; and (b) the registration of land is native as held in the register of Native Title.
Part III RESTRICTION on MATTERS REGARDING NATIVE HOLDING restriction on transfer of ownership and lease

9. Subject to section 18, 19 and 20, there are holding native title can be transferred, leased or otherwise disposed of to a non-native, and no memorandum of transfer of title or lease who contravenes this section shall be registered at the land Office of Labuan.
Restriction on dealings by 10. Each memorandum of transfer of title, mortgage or lease holding who is carried out on behalf of Lord punyanya by any non-who is purporting to act as representative for the proprietor shall be void and no memorandum of transfer of title, mortgage or lease can be registered at the land Office of Labuan.
10 laws of Malaysia Act 667 restriction on application based on lien through the deposit of title 11. No lien through the deposit document of title issue for any native holdings as collateral for a debt that can be created in favour of any person, and no caveat that supports any lien through the deposit can be registered at the land Office of Labuan.
Restrictions on private caveat 12. There are no private caveat can be included on any native holding by any non-native.
Restrictions on bankruptcy 13. There are no native holding can be vested in the general meeting when the owner of the bankrupt State holding, unless the bankruptcy petition upon the proprietor sentenced the bankrupt have been filed before the commencement of this Act.
Restrictions on detention in progress 14. There are no native holding may be detained in the execution of a decree or order of any court, unless the suit or proceeding in which the decree or order is made may have been instituted before the commencement of this Act.
Restrictions on trusts 15. Every trust or trust alleged, whether the trust expressed, implied or constructive purporting to be established in respect of any native holdings by Lord punyanya who favor or for the benefit of any non-native shall be null and void and unenforceable by any court.
Labuan Native Title 11 restriction on the grant of probate and letters of Administration 16. There are no grant of probate or letter of Administration can be effective for vesting any native holding on any executor or administrator is not a native.
Part IV Of The NATIVE HOLDINGS CAN BE SOLD, LEASED, Transferred OWNERSHIP, Etc.
Sales by pembeban 17. (1) subject to subsection (2), where any holding who is entered in the register of Native Title, charged off the holding can be sold on the requirements of the pembeban under the provisions of any law in force at the moment.
(2) no such holdings can be sold to any non-native if at the date of registration of the burden, sole proprietor or any joint owner of the land is a native and the holding was at that date was entered in the register of Native Title after the commencement of this Act.
(3) in this section, a "burden" includes charges, caveat that supports lien through the deposit document of title, detention in the implementation of a decree or other order of the Court and detention before the judgment and "pembeban" including the chargee, pengkaveat who have caused the caveat is registered as mentioned earlier, creditors who hold and the plaintiff obtains an arrest before the judgment.
Native holding can be leased or transferred ownership to the Corporation or the Federal territory Islamic religious Council 18. Notwithstanding anything contained in this Act, the proprietor of any native holding can lease or transfer the title to the Corporation or the Federal territory Islamic religious Council.
12 laws of Malaysia Act 667 native Holding can be digadaikan to the financial institutions 19. (1) Notwithstanding anything contained in this Act, the proprietor of any native can hold hold the mortgage to any financial institution as specified in the second schedule.
(2) the land Executive Committee may from time to time, by order published in the Gazette, add to, delete from or amend the second schedule as he may deem fit.
Hold native title can be transferred to the statutory bodies, cooperatives and organisations 20. (1) subject to subsection (2), any holding native title can be transferred to any of the statutory bodies, cooperatives or organisations as specified in the third schedule.
(2) in the case of any transfer of native title to the cooperative or Corporation, at least two-thirds of its members must be a native.
(3) the land Executive Committee may from time to time, by order published in the Gazette, add to, delete from or amend the third schedule as he may deem fit.
Amanah raya berhad deemed native in the particular case 21. (1) whenever any transfer of title of any native holding or any part which has not been broken down it to Amanah Raya Berhad as trustee for any native or any transfer of any native holding to Amanah Raya Berhad as a representative a person native submitted for registration to the Labuan Native Title 13 registry of Labuan, transfer or transfer of title that can be registered , and in relation to the native holdings, Amanah Raya Berhad shall be deemed to be native.
(2) in this section, Amanah Raya Berhad means Amanah Raya Berhad incorporated pursuant to section 3 of the Act public trust Corporation 1995 [Act 532].
Arrangements inconsistent with Act void 22. (1) all or disposal of any native holding or any part which has not been broken for native holding it by any other means whatsoever and all attempts to deal with regard to or dispose of any holding who is inconsistent with the provisions of this Act, shall be null and void and no consideration paid pursuant to any business, disposal or such attempts can be retrieved in any court.
(2) no action for breach of contract may be taken in respect of any arrangement or disposition or any attempt to deal with regard to or dispose of any holding who is inconsistent with the provisions of this Act.
Dubious cases shall be decided by the High Court 23. Reference should be made to the High Court if any doubts arise about the effective methods of this Act or manner which provisions of this Act shall be construed or implemented in respect of this Act.
The Act applies to the provisions of other laws 24. If in any case any dispute arises between the provisions of this Act with the provisions of the Code or rules of the Court of 2012 [P.U. (A) 205/2012], the provisions of this Act shall apply.
14 laws of Malaysia Act 667 part V NATIVE RESERVE Native reserve 25. (1) the Minister may, if he deems necessary to protect the interests of the present and the future and well-being of anak negeri Labuan Federal territory, declare any area of federal land, that the border has been measured, as Native Reserves for any purpose approved by him.
(2) every declaration shall — (a) describes the complete land declared as Native Reserves and for the purposes of this reference to the land through the Lot number Ukurnya shall be considered and deemed complete description about it;
(b) state the purpose for which the land is set aside;
(c) state the terms and conditions upon reservation is made; and (d) published in the Gazette.
(3) the Minister may, if it thinks fit, appoint a trustee or more to control and manage any Native Reserve declared under this section.
(4) in any case where it is proved to the satisfaction of the Director of the State that — (a) Trustees appointed such refuse, ignore or fail to carry out its work efficiently as trustee or dead, the Minister may, on the recommendation by the State Director, discharge the trustee defaults and appoint a new trustee in lieu of Trustees previously appointed or dead; or Native Title Labuan 15 (b) members of the community who is in the best interest and that favour Native Reserves were declared willfully or without reasonable cause fails to comply with the conditions for the reserve subject, the Minister may, on the recommendation by the Director of the State, causing the reserve is cancelled.
(5) the Minister may, if he thinks fit, at any time, by order published in the Gazette, revoke the Declaration of any Native Reserve or part of any Native Reserve under this Act, or otherwise can add or alter any term or condition imposed on the Native Reserves.
(6) no document of title may be registered in respect of any land in the Reserves who is declared under this section.
(7) any Native Reserve declared under the Land Ordinance before the commencement of this Act shall, when this Act comes into force, continue to be a Native Reserve.

(8) any person who immediately before the commencement of this Act was appointed as trustee for which appointments may be made under this Act shall continue to be a trustee and deemed for the purposes of this act as having been appointed as such under this Act.
Part VI MISCELLANEOUS power of Minister to make rules 26. The Minister may make such rules as may be expedient or necessary to carry out the purposes of this Act.
16 laws of Malaysia Act 667 fees 27. No fees may be imposed in the case of the following: (a) make or cancel the memorial under subsection 6 (2), 7 (2), 8 (2) or 9 (4);
(b) service of notice under subsection 6 (3) or 9 (3); and (c) an application for the registration of native land as held under subsection 8 (1) or to cancel the land from native stands under subsection 9 (1).
The first schedule form 1 laBuan native title Act 2007 [Subsection 4 (1)] EXPRESS NATIVE TITLE No. Holding the name of the proprietor or Ladies Got no. Title No. Lot Area Entry Form 2 laBuan native title Act 2007 [Subsection 5 (2)] MEMORIAL NATIVE HOLDING No. native holding:................................ through a Gazette Notification No............................., dated the ... the ... the ... the ... the ... the ... the ... ../mesyuarat Real Working Committee Federal territory of Labuan dating........................
Tarikh:............................ .................................................. Registrar of title Labuan Labuan Native Title 17 form 3 native title Act laBuan 2007 [Subsection 5 (3)] the WILL to SURRENDER TITLE To RELEASE..........................................................................................................................................................................................................
In exercise of the powers conferred by subsection 5 (3) Native Title Act 2007 Labuan, I require that you, within 30 days from the date of service of this notice, submit to the I title release for............................... (No. Title)........................... (No. Lot) ......................... (Spaces) for the purpose of submission of memorial in it as held native.
Tarikh:............................ .................................................. Registrar of title Federal territory of Labuan FORMS 4 native title Act laBuan 2007 [Subsection 7 (1)] an APPLICATION for the REGISTRATION of LAND AS HELD NATIVE to: Registrar of titles, Wilayah Persekutuan Labuan * I/we.............................................................................................. * proprietor/ladies have............................ (No. Hakmilik) ............................... (No. Lot).......................... (Area), want to apply so that the land was registered as held native.
2. * I/we are submitting herewith release document of title for the land.
Tarikh:............................ .................................................. Signature of applicant * strike out if not applicable 18 laws of Malaysia Act 667 form 5 Native Title Act laBuan 2007 [Subsection 8 (1)] the APPLICATION SO that the LAND was CANCELLED FROM NATIVE STANDS to: Registrar of titles, Wilayah Persekutuan Labuan * I/we....................................................................................................... * proprietor/ladies have............................... (No. Title).................... (No. Lot)........................... (Kawasan), ingin memohon supaya tanah tersebut dibatalkan daripada menjadi pegangan anak negeri bagi sebab/sebab-sebab yang berikut:
..........................................................................................................................
..........................................................................................................................
..........................................................................................................................
..........................................................................................................................
Tarikh:............................ .................................................. Signature of applicant For Office Applications * approved/rejected by Real Working Committee Federal territory of Labuan in its meeting on.........................................
Tarikh:............................ .................................................. Labuan Title Registrar * Delete if not applicable Title Anak Negeri Labuan 19 form 6 laBuan native title Act 2007 [Subsection 8 (3)] NOTICE of REVOCATION of NATIVE HOLDINGS to:............................................................................................................................................................................
I hereby inform the master that the master application dated .... a...................... to cancel land............................ (No. Hakmilik) ......................................... (No. Lot)..................................... (Spaces) from native stands were * approved/rejected by the Working Committee of land for the Federal territory of Labuan in its meeting on..................................
2. * in case if application approved master, the master is hereby requested to submit to me, within 30 days from the date of service of this notice, the output document of title for the land for the purpose of mengkenselkan memorial in it as held native, the failure of the master to do so result in decisions on expiry.
Tarikh:............................ .................................................. Labuan Title Registrar * Delete if not applicable second schedule [Subsection 19 (1)] the LIST of FINANCIAL INSTITUTIONS Affin Bank Berhad, AFFIN-ACF Finance Berhad, Affin Merchant Bank Berhad Alliance Bank Malaysia Berhad Alliance Merchant Bank Berhad 20 laws of Malaysia Act 667 Am Bank Berhad General Finance Berhad Am Merchant Bank Berhad Bumiputra-Commerce Bank Berhad Bumiputra-Commerce Finance Berhad Commerce International Merchant Bankers Berhad EON Bank Berhad EON Finance Berhad Malaysian International Merchant Bankers Berhad, Hong Leong Bank Berhad Malayan Banking Berhad Mayban Finance Berhad Aseambankers Malaysia Berhad Public Bank Berhad, Public Finance Berhad Public Merchants Bank Berhad RHB Bank Berhad RHB Delta Finance Berhad RHB Sakura Merchant Bankers Berhad Southern Bank Berhad Southern Finance Berhad Southern Investment Bank Berhad Major Merchants Bank Berhad Financial Bersatu Berhad Bank Industrial Bank Negara Malaysia Berhad Bank Islam Malaysia Berhad Bank Muamalat Malaysia Berhad, Malaysian Industrial Development Finance Berhad Bank Pembangunan Malaysia Berhad Bank Pertanian Malaysia Sabah Development Bank Berhad Title Anak Negeri Labuan 21 Schedule The third [Subsection 20 (1)] list of statutory bodies, COOPERATIVES and employee Provident Fund ORGANIZATION Cooperative employees Government of Sabah Berhad, Lembaga Pertubuhan Peladang Lembaga Tabung Haji Development Board housing and Urban rural development Cooperative Board of Malaysia 22 laws of Malaysia Act 667 laws of MALAYSIA Act 667 LAbUAN Native TITLE ACT 2007 LIST AMENDMENT of laws that amend the short title effect from – no – Labuan Native Title 23 laws of MALAYSIA Act 667 LAbUAN Native TITLE ACT 2007 LIST SECTION AMENDED Section Power amend with effect from – THERE are –