Sabah and Sarawak Law

TRP556 PLANNING LAW SARAWAK LAND CODE AND SABAH ORDINANCE

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

1.0

INTRODUCTION

In Malaysia, there are a number of laws that are implemented in various aspects such as development, crime, environmental, social, economy and many m ore. These type of laws are not only used to control the respectively aspects, but it also used to explain the committee of law, the terms and regulations, law enforcement and many more. One of the laws that are very important to be implementing in Malaysia is about the development control. The example of laws that enforcing about the development 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 Town and Country Planning. The Town and Country Planning Act 172 is been used as a guidance and enforcement for all level of local governments, local authorities and also for a Department of Town and Country Planning (Jabatan Perancangan Bandar dan 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 and Sarawak. It is because both of the states are already have their rules and regulations about 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 and control is on The Town and Country Planning Ordinance (Cap 141). This ordinance had been enacted in 1950. Logically, if the laws of Act are differently been enforced in some area, there will be a difference of their regulations, law enforcement, organizations and many more. In this report, the Laws of Sarawak, Sabah and Peninsular of Malaysia will be compiled to identify the differences between the Laws that are respectively implemented in that 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) Laws of Sarawak. The law had been enacted in 1958 to covers all of land code in Sarawak State. Basically, the Sarawak Land Code (Chapter 81) had been prepared by Human Resource Management, Department of Sarawak Head Minister. The Sarawak Land Code consist 10 parts and more than 248 sections. The Ordinance (Land Code) is provided to make a better provision in the law relating to land in Sarawak.

1


2.1.1 Organization and Administration The planning system in Sarawak state is clearly different to Peninsular Malaysia. It is because Sarawak is practicing the legal system of land development 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 and Survey 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 main function of State Planning Authority is to plan, arrange and control the development and land use and buildings in Sarawak. The members of the authority 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 the Secretary 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 and Resource Management has a responsibility in land administration and statutory law. The main role of this department is to implement the land management in Sarawak. One of the branches in this department is Town and Country Planning Branch, a branch that are importance to plan, drafting policy/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 of development plan which are Structure Plan, Local Plan and Rural Growth Centre (RGC). The development plan is under responsible of Department of Land 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 use such as commercial, residential, government establishments, educational, 2


industrial, recreational, parks and open space, government reserves, major roads and many more land uses. The plan should be capable to accommodate 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 the State Planning Authority in respect of the development and other use of land of a town, city or region including measures for the improvement of physical environment and management of traffic; b) a map or plan showing the general proposals for development or land use for the area intended to be covered by the plan; and c) such illustrations or other descriptive matter as the Authority thinks appropriate 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, Song Structure Plan and Igan Structure Plan. b. Local Plan The Local Plan in Sarawak is been used to serve as a guidelines for development control as well as the setting out of a more detailed layout for the development of an area of a town. The Local plan shows more detailed land use 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 of land in a particular area, or for any description of development or other use of such land, in that area, including such measures as the Authority thinks fit for the improvement of the physical environment and the management of the traffic; b) a map or plan showing the proposal for development or land use for the area; and c) such diagrams, illustrations or other descriptive matter as the Authority thinks appropriate to explain or illustrate the proposals in the plan;”

3


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, town square, road, pedestrian walkways, forest, etc. c. Rural Growth Centre Rural Growth Centre (RGC) is the current Sarawak plans for rural development strategy, aimed at stimulating the economic growth in the rural areas. In Sarawak, the role of implementing this strategy is also undertaken by the Ministry of Rural Development. Among the components of the strategy is to get the establishment of service centers to provide various facilities and services to the community in any of the RGCs. The example of RGC Plans prepared in Sarawak state is Padawan RGC (Kuching), Mid - Layar / Nanga Spak RGC (Betong Division), Long Lama (Miri Division) and Kampung Semup Service Centre (Mukah Divison) 2.1.3 Planning Control The development planning control is currently being managed by Land and Survey Department. The responsibility of planning control on Planning Branch’s Development Control Section is to make a process application for planning approval and development of land and buildings in Sarawak. The functions of Planning Branch is to make a process of application for the subdivision 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 certain categories of building plans and processing of application for depositing of survey plans. For the planning approval, any approval of subdivision and/or development of land and/or building which has been given either by; i. ii.

State Planning Authority; or The Director of Land and Survey Department

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

Planning, regulate and control the development. Consider and approving terms and conditions of plan for the sub-division and land development

4




 



Determining the lo0cation of government buildings, public utilities and facilities, sitting of new towns, villages and areas for settlement and resettlement of people. Formulate policy and guidelines to local authorities Formulate policy and plans for the development and re-development of any 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 of Land 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 Submission of application

Applicant

Approval of application

State Planning Authority

Submission of subdivision plans and engineering plans

Approval of subdivision plans and engineering plans

Field survey and construction for engineering work

Approval of survey plan

Applicant

Land and Survey

Applicant

Land and Survey

Deposing of survey plans / approval of T&C

Issuance of new subdivided land titles

5

Land and Survey

Land and Survey


2.2

Sabah

The law of development plan and control is on Sabah Town and Country Planning Ordinance (Cap 141). The law had been enacted in 1950 to covers all 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 better provision 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 that related with the field of town planning is under the jurisdiction of the Department of Town and Regional Planning Sabah which has the following functions: a) b)

c)

d) e)

f) g) h) i)

Technical advisor and chief executive officer of Central Board Interpreting the policies of national, state, regional and local to the physical plans (Structure Plans, Local Plans, the Comprehensive Development Plan) To advice the State Government and Local Authority, government agencies and private companies in all matters relating to town and country planning To advise the Local Authorities on the preparation of draft schemes, plans and standards of development control plans Formulate policies, plans and design standards for adoption related and implemented by the local authority, government agencies and relevant private sector To advise the Government on the selection of consultants to make studies related to planning consultant To advise the Local Authority and other government agencies in providing planning and landscape works Playing role as secretariat and the key technical advisor to the Central Board of Town and Regional Planning Review the plan and design standards from time to time

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

b)

Administration and Account Department i. Responsible for administrative department ii. Manage the internal administration Technical Department i. Interim Planning Division a. Divided into four units which is Local Plan Unit, Structure Plan Unit, Survey Unit and Training Unit ii. Development Control and Planning Standards 6


a.

iii.

iv.

v.

Process and consider applications for land, the zoning and subdivision of land, development plans and building plans The Central Board of Urban and Regional Planning a. Secretariat and liaison between the center of Town and Regional Planning with the local authority b. Consider all the schemes adopted from Local Authority c. Provide support for the scheme, which received to Yang Di-Pertua Negeri d. To provide advice to the Yang Di-Pertua Negeri in respect of land development in the state e. Direct and control the local authority with respect to the jurisdiction of the Town and Country Planning Ordinance (Cap 141) The Drawing Office a. Prepare a base map for planning purposes the entire country b. Involved in residential and industrial layout plan in the development of new towns The Art of Landscape and Garden a. Assist the State Government, Federal Government and other agencies in the work of landscape b. Assist the local authority to establish a nursery for the purpose of beautification

2.2.2 Development Plan According to the Town and Country Planning Ordinance (Cap 141), the development plan in Sabah can be divided into three different level which are Structure Plans, Local Plans and Action Area Plans that are under responsible of Department of Town and Regional Planning Sabah. Structure Plan According to Sabah Cap 141, the Structure Plan in Sabah are a report containing 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) b) c) d) e)

Driving urban development To ensure the development is in accordance with the administrative and consistency in the long term Ensuring a balance between the development of the developing area with hinterland Give directions for physical development To provide a policy and action to be taken with respect to land use, land for investment projects and issues related to the physical development

7


Local Plan According to Sabah Cap 141, the Local Plan refers to any such plan is in accordance with the laws that will provided by Local Authority. Local Plans are produced 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)

b) c)

Provide an alternative development based on specific policies that related with types of development such as new development, redevelopment, preservation, and the action To provide a basis for planning control 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 more detailed 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 Planning Sabah along with the Structure Plan. The preparation of an AAP is intended to be an alternative to solve problems of planning and development in some area. The preparation is also to conduct an intensive change for the region, in a short period of time. This plan is suitable for the development of a major development 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 to carry out development in accordance with the approved plans and conditions. The requirement of planning permission in the development is based on several factors. The factors are lead to help Local Authority in; a) b) c) d) e) f)

Regulate, control and plan development. Ensure that all development and land use by individuals and developers will be proper and do not cause problems. Ensure that the new development is within the desired level for habitation. Consider all matters required for effective planning before a planning permission is granted to any proposed development. Take into consideration in particular the Structure Plan. Ensure that the proposed development has proper access and complies with all the terms and conditions of the land title in addition to all the requirements of the other laws.

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

8


a)

b) c) d)

e)

Preparation of the basic requirements for an application for planning permission such as planning permission form site, location plan, valid documents pertaining to land title and sixteen copies of development proposal report Submitted to Local Authority The document and plan will be notified if there has any amendments and corrections to be made before the application can be approve If the proposal has some amendments and correction, it should be done within one month. If not resubmitted within one month, the application shall be deemed to have been withdrawn. Planning permission will only be granted if an application for planning permission approved by the Local Authority

If planning permission has been granted from the Local Authority, the development must be carried out within 24 months. If no development has been done in that period, the individual or the developer may request the extension of planning permission before the end of the period for which planning permission that has been granted. Consideration of some matters should be taken into account when planning permission is granted. This is because a development cannot be undertaken if there is no approval for other requirements such as: a) b) c) d) e) f) g)

3.0

Subdivision plan (if necessary) Building plan and permission to commence construction and building works under the Building By Law 1951 Earthworks plan Road and drainage plan for construction of roads and drains Sewerage plan Landscape plan License for industries, commercial, food establishment and others to commence activities

SUMMARIZE AND CONCLUSION

For overall summarize, there are a clear differences in Planning Laws and Regulations between Sabah and Sarawak Laws and Peninsular Malaysia. The differences can be seen in the implementation of Act / Enactment / Ordinance of each state, whereas the terms and regulations of planning administration, the organization board, planning permission, development control and development plan have 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 same reason for the future that is to create a sustainable development, controlling the development in urban areas, enforcement in environmental issues and many more. In other perspective, although the rules in Sabah, Sarawak and Peninsular Malaysia are totally different, the needs of development planning are needed to ensure that the planning will remain positive and sustainable. 9


Comparison of Act 172 Town and Country Planning, Sarawak Land Code (Cap 81) and Sabah Town and Country Planning Ordinance (Cap 141) Act 172 Town and Country Planning (1976) 1976

Elements

1. Years of Enact 2. Parts

3. Board of Directors

4. Responsibility

5. Development Plan

I. Preliminary II. Policy and Administration II A. Committee of Regional Planner IIB. National Physical Plan (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 Acquisition VIII. Development Area IX. Miscellaneous Majlis Perancang Fizikal Negara (MPFN) (Bhg. II, seksyen 2 A, Act 172) Head Director of Department of Town and Country Planning (JPBD) (Bhg II, seksyen 2B, Act 172 ) 







National Physical Plan (RFN) State Structure Plan (RSN) District Local Plan (RTD) Special Area Plan (RKK)

Land Code Chapter 81 Laws of Sarawak (1958)

Cap 141 Town and Country Planning Ordinance Sabah (1950) 1950

1958

I. Short Title, I. Preliminary Interpretation and II. Preparation and Administration Approval of Schemes II. Land Classification III. Interim Development and Division of Plan III. State Land and The IV. Content and Effects Alienation Thereof of Approved Schemes IV. Resumption of V. Compensation Alienated Land VI. Miscellaneous V. Settlement VI. Survey VII. Registration VIII. Offence and Sanctions IX. Arbitration and Miscellaneous X. Development and Sub-Division of Land Sarawak State Planning Central Board of Town Authorities and Regional Planning (Part X, Chapter A50, Land Code 81) Town and Country Town and Regional Planning Branch, Planning Sabah Department of Land and Survey (Part I, section 3(1))   

10

Structure Plan Local Plan Rural Growth Centre

  

Structure Plan Local Plan Action Area Plan

Sabah and Sarawak Law

Recommend Documents