Report of the National Inquiry into the Land Rights of Indigenous Peoples 87 Kimburu and nine others in 1987. The community had to go through a difficult and expensive LE process but in the end, they lost their bid to secure their NCR land. 6.33 Although there is also provision for appeals against the decision of the ACLR or Director of LSD,253 the period of one month after the decision is insufficient given the remote location of the communities and the failure on the part of the Land Office to expeditiously communicate the decision. Most of the witnesses in the cases heard at the Inquiry did not receive any notification of the ACLR’s decision within one month, thus depriving natives an important avenue to contest the applications of third parties and to appeal against the decision of the authorities. Information on proposed projects or alienation of land 6.34 Most communities were not informed about proposed projects or alienation involving their NCR lands. The Inquiry observed that providing information is not a consistent or established norm with Government agencies, the private sector or the Land Offices, and neither is there awareness or realisation among those concerned of the need to consult the affected communities. The right to development according to the needs of the communities does not appear to be a policy of the Government nor is it a legal requirement, resulting in misunderstandings and dissent among the communities concerned. Any form of questioning has often been treated as opposition to the Government and requests for dialogues are generally ignored. 6.35 In case no. KM78, the Kudat ACLR (W39) said that when the Government decided to gazette land in Banggi Island to Ladang Sejaterah Tohok in 1979 (GN56479 under section 28254 of the SLO), individual land applications which were received prior, and subsequent, to the gazette were cancelled. The communities in the Island, represented by Ms Salmah Marail (W37) said they were not aware of the gazette nor did they understand its purpose. 6.36 Expert witness, Dr Fadzillah Majid-Cooke (W30) said development has resulted in many land conflicts, particularly when involving large-scale projects. At the United Nations, the Malaysian Government has committed itself to adopting development models that do not violate the rights of citizens, particularly indigenous peoples. W30 also stressed the importance of obtaining the free, prior and informed consent (FPIC) of communities where their participation is a must. Pre-feasibility studies with inbuilt community visits and capacity building can be part of an FPIC process. Successful development models are those that give opportunities to communities to collaborate and participate in decision-making. Surveying 6.37 The Inquiry received 41 complaints regarding delays in surveying and issuing titles even though their land has been surveyed. The role of land surveying in the land application process was not well understood or evaluated. Many land applications from natives were rejected by the LSD because the sketch maps in their land applications were not accurate. 253 Section 41(1): An appeal shall lie from any order or decision of a Collector, Surveyor or Registrar given under this Ordinance to the Director, and again from any order or decision of the Director, whether original or an appeal, to the Court. 254 S28 Reserves for public or residential purpose (1) The Yang di-Pertua Negeri may reserve any State lands which in his opinion are required for any public purpose or for a residential reserve. Such reservation shall fully describe the land and the purpose for which it is  reserved and shall be conclusive evidence that the land is reserved for a public or residential purpose. (2) When any land has been reserved under this or any previous Land Ordinance and such reservation has not been revoked, every disposition thereof, except for the purpose for which such reservation was made, shall be void. chapter 6_a4.indd 87 7/5/13 6:47 PM