Report of the National Inquiry into the Land Rights of Indigenous Peoples 47 4.53 The open-ended phrase “any State land planned by the Government” does not specify the purpose, giving absolute discretion to the State to decide on the plan and purpose. The communal title is held there under the name of the Collector as trustee without power of sale.100 This is in line with the original intent of the communal title as a means of long term protection, to keep lands in the hands of the natives and to prevent transfers by individuals, so no one would be quick to sell their lands. Under section 77, a communal title may, with the sanction of the Collector, be sub-divided and wholly or in part, assigned to individual owners who shall receive native titles in their own name. In such instances, the collector transfers and signs on behalf of the community. Native Reserves 4.54 Under section 78, the Yang diPertua Negeri or Governor (YDP) may if he thinks it necessary, create Native Reserves to protect the present and future interests and well-being of the natives of Sabah upon certain conditions and for specific purposes. The boundaries of the reserve would have been surveyed and the declaration shall fully describe the land declared to be a reserve, including the purpose, the terms and the conditions upon which reservation is made. These reserves would be held by trustees who are appointed to control and manage the reserves subject to the directions of the Secretary of Natural Resources or the district Officer. A native reserve may at any time, at the discretion of the YDP be revoked, cancelled or the terms varied. Procedures for Establishing Claims to NCR 4.55 The procedures regulating applications, alienation of land, and conditions in respect of titles including NCR are contained in the Ordinance. Section 9 gives the Director of Lands and Surveys the power to alienate State land subject to any general or specific direction of the Cabinet.101 This takes away the power from the Minister acting alone, to the collective decision of the Cabinet. The first point of claim for any claimant of NCR is prescribed under section 14. Claims to NCR shall be taken down in writing by the headman or by the Collector and shall be decided by the Collector. The Collector is under a duty to determine whether the claim is genuine by conducting a check on the ground. 4.56 The procedure to make NCR claims is provided under section 69 of the SLO which reads: Claim to land based upon customary tenure shall be decided by the Collector acting under section 82 subject to the appeal provided for in sections 41 and 84. Section 82 states: The Collector shall enter in a register all claims submitted within the period assigned in the notification and being guided by the conditions laid down in the definitions of customary tenure and native customary rights in this ordinance he shall record his decision as to the ownership of the land and the claims to other native customary rights. 4.57 Put simply, claims to NCR are to be heard and decided by the Collector, “being guided by the conditions laid down in the definitions of customary tenure and native customary rights” and any appeal from the Collector’s decision would go to the Director of Lands and Surveys. Determination of NCR under section 13 4.58 Whenever any application for State land is made to the Director or the Collector, it must be determined whether NCR exists on land. Upon receiving any application for unalienated 100 SLO section 76 101 Section 3 of the Land (Amendment) Enactment 1996 substituted “Minister” with “Cabinet.” chapter 4_a4.indd 47 7/5/13 6:46 PM