KUCHING: Fly-by-night companies and brokers are trying to make a fast buck through the state’s land development programmes by targeting transactions related to native customary land (NCL).
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Second Planning and Resource Management Minister Datuk Amar Awang Tengah Ali Hassan yesterday warned the public to be wary of these companies and brokers, be it for plantations, housing or commercial purposes, saying their activities were illegal under the Land Code.
“We believe it is happening now because people are so keen to be involved in development particularly in oil palm plantation.
“We have no problems with established companies but we have problems with certain companies - the fly-by-night type and people who are interested to make fast money,” he told a press conference here.
Tengah also advised community leaders to be careful of these companies and not to make false certification by supposed claimants of native customary rights (NCR).
“It is a serious offence under Section 210(e) of the Land Code and an offender can be fined or jailed,” he pointed out.
He said one community leader had been brought to court for the crime and that his case is pending in court.
Hence, community leaders should be mindful when verifying land claimed to be under NCR, he said.
Besides, he said, the Land and Survey Department had the final say when determining whether a parcel of land was under NCR or otherwise.
Tengah said the government recognised NCR that were created in accordance with the law.
However, whether any land was subject to NCR must first be verified by the Land and Survey Department who would confirm if claims to NCR were genuine or otherwise.
“Assuming the NCR over any parcel of land lawfully exists, the rightful claimant must be verified or certified by the community leader who has jurisdiction over the area,” he said.
He said Section 8 of the Land Code prohibited any non-native from acquiring rights or privileges over NCL.
“Any arrangement such as by way of agreement purporting to transfer or confer any rights or privileges over NCR on non-native or which would result in a non-native enjoying such rights or privileges, shall be considered illegal,” he said.
Tengah said therefore, any proposal to develop land defined under Section 227 in Part X of the Land Code, be it on alienated land or land subjected to NCR, must obtain prior approval from the State Planning Authority.
“For NCR land owners who are interested to develop NCL into plantation, they are encouraged to participate in the new concept of NCL development implemented by the government through the Land Development Ministry,” he said.
Under this scheme, he said, the existence of NCR lawfully created would be verified and a joint venture agreement would be entered by the NCR land owner, the investors and Land Consolidate Development Authority (LCDA).
“This scheme ensures that the interests of the natives will be protected and will prevent NCR landowners from being exploited by unscrupulous people,” he said.
Tengah said in cases where the so-called investor had entered into an agreement with a native who is not the rightful claimant to the land, or the land was not encumbered by NCR, the government could not be held liable or accountable for any loss arising from these unlawful transactions.
Also present were Assistant Minister in the Chief Minister’s Department Mohd Naroden Majais and Land and Survey state director Datu Sudarsono Osman.
By Zora Chan
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