48 Chapter 4 | LEGAL FRAMEWORK OF INDIGENOUS PEOPLES’ RIGHTS TO LAND country land, it shall be the duty of the Collector for Land Revenue, to publish a notice calling upon any claimants to NCR who are not yet in possession of a documentary title, to make or send a statement of claim within a date specified in the notice. A native claimant need only to establish any of the rights provided for under sections 15 and 65 by submitting his claim to the Collector, who would register his claim and the claims by other natives, if any. The Sabah Land Use Policy 2010 4.59 The Sabah Land Use Policy (SLUP) which was adopted in 2010 was an attempt at providing a land use orientation that balances social, environmental and economic functions. The Policy is conventional in the sense of adopting the ‘administrative view’ in considering all lands that are untitled as State land. However, the Policy advocates for the formalisation of the concept of native community domain. As a concept, native community domain refers to a need for policy to be more sensitive to ‘the traditions and needs of native communities’. 4.60 In practice, native community domains are deemed by the drafting committee, to be an answer to the need for tenure security and cultural needs for maintaining hill rice cultures. Boundaries for community domains are to be agreed upon by native communities in collaboration with the relevant Government departments. With respect to security of tenure, the Policy supports the formation of more Native Reserves (under the existing section 78 of the SLO 1930) so that traditional farming of hill rice could continue. 4.61 Given the process of achieving compromise and consensus that the Policy had to go through, SLUP is a step forward. The fact that hill rice is even taken into account as an agricultural system is an achievement, given the strong modernisation impulse that thrives in State agricultural development agencies. The modernisation impulse is one that regards hill rice cultivation as unsystematic and wasteful in terms of land-use, a legacy of the colonial era, but remains entrenched in the belief system of many change agents in Government (field notes SLUP meetings 2009). More importantly, SLUP leaves open the invitation to operationalise in finer form, the concept of native community domain, beyond what it has done, which is the formation of more Native Reserves and the allowing for rights to remain in Forest Reserves and State Parks. The Sabah Forest Enactment 1968 4.62 Under the Forest Enactment 1968, natives of Sabah may have rights or “conceded privilege”. These are rights that are generally given to traditional users or occupiers of the forest to use the forest resources for their livelihood. While the Land Ordinance deals with alienation of State land, removal of forest produce on State land as well as alienated land is subjected to the Forest Enactment. The latter also deals with creation (and abolition) of forest reserves and protected forests which may affect indigenous inhabitants. There is a saving provision under section 41, allowing natives to take certain forest resources for their own use from any State land. Under section 12 of the Forest Enactment, when any land is to be declared as or included in a forest reserve, a reservation notice may set forth rights and privileges which the YDP thinks is just to admit, or concede within the reserve, to any person or group of persons. 4.63 Prior to any creation of forest reserves however, a notification of proposal for constitution of forest reserves is to be published in the Gazette and enquiry to be made by the District Officer or Collector under sections 8 and 9. The notification shall State the consequences of the reservation. Any person with objection to the reservation of such land, or who applies to exercise any right or privilege which is being or has been exercised on the land, should apply within a period of not less than three months to appear before the DO and Collector chapter 4_a4.indd 48 7/5/13 6:46 PM