Report of the National Inquiry into the Land Rights of Indigenous Peoples 53 knowledge. It also recognizes rights to biological resources in land claimed under NCR [section 16(b)], and has provisions to ensure that any activities related to the collection of biological resources do not negatively impact the livelihood, quality of life and the way of life of indigenous peoples [Section 20(3) and Section 25(1)(b)]. SARAWAK HISTORICAL EVOLUTION OF LAND LAWS 4.78 When Sarawak was under the reign of the Brooke family, there was an implicit recognition of customary rights. They honoured and did not interfere with the customary rights of the Dayaks and the Malays who were allowed a form of self governance in relation to their customary lands.137 During the early years of the Brookes’ reign, land alienation and development were exercised in respect to lands where no rights or claims whether documentary or otherwise existed. Noting the need to regulate land administration, Land Regulations were introduced in 1863, under which all unoccupied and waste lands were treated as belonging to the Government. 4.79 Up to 1920, a number of other Land Orders138 were made which dealt only with land within the town of Kuching and land within one mile radius of the Court House. Order VIII of 1920 consolidated the preceding Land Orders and defined State land as all lands which were not leased or granted or lawfully occupied by any person. Natives could occupy land free of all charges in accordance with their customary laws provided that “where possible, claims shall be registered”. The Land Orders, however, did not apply in interior areas, which to all intents and purpose were entirely inhabited by natives.139 4.80 In 1931, the Brooke Government introduced the Land Order 1931140 which redefined State land as “all lands for which no document of title has been issued but includes all lands which may become forfeited or may be surrendered ... by the lawful owner”. Presumably, occupation by virtue of native customary law was subsumed under “lawful owner” since the earlier term “lawfully occupied” had been omitted.141 This 1931 order was followed by the Land Settlement Ordinance 1933 which provided for settlement of legal and customary rights to land and required all dealings to be registered in a Land Registry “on pain of nullity”. Contrary to the Land Order 1931 which provided for a system based on registration of deeds, the Land Settlement Ordinance 1933 marked the introduction of the Torrens system - a system of title by registration – which in principle provides an indefeasible title to land and facilitates dealings in lands. The implementation of the Torrens system and the protection of customary land relied heavily on the clear demarcation of land boundaries. The work of recording boundaries and registration of customary land was obstructed by the inadequacy of machinery and staff of the Land Administrator and further aggravated by the Japanese Occupation in 1941-1945. When Japanese occupation ended, the Brooke family ceded 137 Porter, AF, Land Administration in Sarawak: An Account of the Development of Land Administration in Sarawak from the Rule of Rajah James Brooke to the Present Time (1841-1967) (Kuching: Sarawak Government Printers, 1967). 138 There were some regulations dealing with sago land in 1870 and 1876. The Land Order of 1863 as revised in 1872, was again amended in 1882. There were other orders and regulations regarding mining issued at this time. 139 For a summary of the development of the Land Regulations and discussion of the continued development and recognition of customary rights, see Ramy Bulan, “Statutory Recognition of native Customary Rights under the Sarawak Land Code 1958: Starting at the Right Place, (2007) Journal of Malaysian and Comparative Law, 21-84. Much of the materials in this part are contained in that article. 140 The Land Order 1931 repealed all previous orders relating to land. 141 The Land Order 1931 reclassified land as Town and Sub-urban Lands, Kampung or Village Lands and Country Lands. The power to classify vested in the Superintendent of Lands. chapter 4_a4.indd 53 7/5/13 6:46 PM