Report of the National Inquiry into the Land Rights of Indigenous Peoples
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and produce in written or oral statements the extent of the objection, right or privilege.
The District Officer or Collector shall enquire into all objections and applications made and
into the rights and privileges concerned, and forward a report to the Minister through the
Director of Forests.
The Sabah Land Acquisition Ordinance (1950)
4.64 The amendment of section 2(e) on “public purpose” in 2009 further broadened the purpose to
include corporations.102 Under section 2, any land may be subject to compulsory acquisition
by the State if it is deemed to be for a “public purpose”, including for townships, roads,
resettlement, or conservation and exploitation of natural resources.103 Untitled NCR lands
are often not recognised nor compensated when alienation under this section takes place.
Section 9 on Claim of Person Interested to have acquired or abandoned allow only three
months for the owner to register their interest and provide notice to the authorized officer.
The Sabah Parks Enactment 1984
4.65 This statute governs the administration and gazettement of park areas in Sabah. Section
3 provides that the YDP may declare any land as a Park and Nature Reserve.104 According
to section 5, during the period between the YDP’s declaration and gazetting of the park,
the said land cannot be alienated, be built upon, cultivated and hunted upon.105 Section 10
allows the YDP to compulsorily acquire land for a public purpose and include it within the
limit of the Park or Nature Reserve.106
4.66 Under section 12, the YDP may convert any reserve or sanctuary area into to be a Park or
Nature Reserve.107 As per section 13, the Parks Board shall hold the land on a leasehold for
a period of 999 years free from all liabilities108 and according to section 18, an area may only
cease to be Park or Nature Reserve once a scientific research or investigation is conducted
to justify the degazettement.109
4.67 Section 48 prohibits various activities regarding cultivation, development, etc in a Park or
Nature Reserve. Section 58B grants the Director or any Park officer authority to pass through
any private land for the purpose of administrating their duties.110
102 Section 2 “public purpose” means any, or any combination, of the following purposes (e) for or in connection with any public
utility undertaking or the provision of any public service, undertaken or provided, or about to be undertaken or provided, by the
Government, the Federal Government, a local authority or any corporation incorporated directly by written law or private enterprise
or otherwise howsoever;
103 Section 2(h) .. for or in connection with the conservation, improvement or exploitation of natural resources.
104 The Yang di-Pertua Negeri may, with the advice of the Minister, by notification in the Gazette, declare his intention to constitute
any land as a Park or Nature Reserve.
105 During the interval between the publication of a notification of intention (such notification not having lapsed as provided in section
4) and the date fixed by the notification declaring a Park or Nature Reserve as in section 13, no land shall be alienated… no new
house shall be built… plantation formed… no fresh clearing for a cultivation… no hunting shall take place...
106 If the Yang di-Pertua Negeri considers it expedient to include in a Park or Nature Reserve any land leased or granted to, or otherwise
lawfully occupied by any person, he may cause such land to be acquired as for a public purpose under the provisions of the Land
Acquisition Ordinance [Cap. 69.], and may thereafter include such land within the limits of the Park or Nature Reserve.
107 The Yang di-Pertua Negeri may, with the advice of the Cabinet by notice in the Gazette, declare his intention to convert any forest
reserve, game sanctuary or bird sanctuary or any other reserve or sanctuary declared under any written law, in whole or in part,
to be a Park or Nature Reserve
108 (5) All land which is specified in a declaration shall, with effect from the date fixed by such declaration and by virtue thereof, vest
in the Board for an estate in leasehold for a period of nine hundred and ninety-nine years free of all liabilities and encumbrances
109 The Yang di-Pertua Negeri may, with the advice of the Minister, by notification in the Gazette, declare his intention to rescind the
constitution of a Park or Nature Reserve after a scientific research or investigation had been carried out to justify the degazettement
of a portion or the whole of the said park or nature reserve or part thereof.
110 The Director or any Park Officer may enter into or pass through any private land with or without workmen and equipment for the
purpose of administration of this Enactment.
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