Report of the National Inquiry into the Land Rights of Indigenous Peoples 51 any time vest any State land to the Board.121 With regard to the lands acquired by the Board, section 50 (a) permits, subject to written law and the approval of the Minister, the Board to transfer or dispose any land to any corporation, body or person.122 The Sabah Drainage and Irrigation Ordinance 1956 4.72 The statute deals with areas deemed as drainage and irrigation areas. In regard to how land can be deemed as such, section 3123 of the Act allows the YDP to declare any land to be a drainage and irrigation area, whether alienated or not. Also for unalienated land, section 5124 provides the Committee, as the authority, to set conditions on the unalienated land and the YDP can prevent the said land from being alienated unless for the set purpose. Under section 6(3),125 the YDP may also order any land declared as a drainage and irrigation area for padi cultivation. As such, the land may only be used for padi cultivation. Permission to use for other purposes must be obtained from the Committee (section 6(1).126 4.73 Section 7 similar to section 6, gives authority to the Committee to classify what the land in the drainage and irrigation area may be utilised for. 4.74 Under section 14,127 an Executive Officer128 may enter any land, whether it is declared a drainage and irrigation area or not, to conduct drainage and irrigation related activities. The land owner is to be paid for any loss, damage or inconvenience and the compensation amount can be disputed in court.129 Under section 15 the executive officer may by written notice, order the owner or occupier of land in a drainage and irrigation area to remove trees and plants in the said land.130 Besides this, the executive officer may also prohibit the planting of trees and plants in the area131 and if the owner/occupier does not comply, the executive officer is authorised to enter the land to remove the plants.132 The owner/occupier 121 The Yang di-Pertua Negeri may at any time by order vest any State land or movable property of the Government in the Board where it appears desirable to do so to enable the Board to carry out its duties and responsibilities. 122 Notwithstanding the provisions of any written law to the contrary, subject to the approval of the Minister, the Board shall have the power to transfer or dispose of all or any part of its undertakings, movable or immovable property or rights to any corporation, body or person upon such terms and conditions as the Board may determine. 123 The Yang di-Pertua Negeri may declare any land in Sabah within the area affected or to be affected by any drainage or irrigation works, wholly or in part carried out or sanctioned by the Government, to be a drainage area or an irrigation area or both. 124 The Yang di-Pertua Negeri may declare in respect of any unalienated State land within a drainage or irrigation area that such land shall not be alienated for any purpose other than such as may be approved by the Committee for that area. 125 The Yang di-Pertua Negeri may order that any area or areas of land within a drainage or irrigation area shall be subject to the provisions of this section 126 Notwithstanding anything to the contrary contained in the Land Ordinance [Cap. 68], or any other written law, no land within an area subject to the provisions of this section shall be used for any purpose other than the cultivation of padi without the consent of the Committee for the drainage or irrigation area within which such land is situated. 127 The Executive Officer may, if it appears to him that it will be of benefit to the drainage or an irrigation works in his charge so to do enter upon any land and fill up, construct, widen or drain any canal, watercourse, drain, ditch, pond or swamp whether within or without a drainage or irrigation area: 128 s12 Every drainage or irrigation area and the works therein shall be in the charge of an Executive Officer. 129 Provided that there shall be paid to any owner or occupier thereof reasonable compensation for any damage, loss or inconvenience arising therefrom, and if the parties fail to agree as to the amount so payable the question shall be referred to the Committee whose decision thereon upon any claim for a sum of less than five hundred ringgit shall be subject to appeal to the Magistrate and in any other case be subject to appeal to the High Court. 130 (1)(a) The Executive Officer may, by notice in writing, require the owner or occupier of any land within any drainage or irrigation area to clear the banks or sides of any drainage or irrigation works on such land of any trees, plants or weeds growing thereon 131 (2)(a) The Executive Officer may, by notice in writing, prohibit the owner or occupier of any land within such area from planting any tree or plant on the banks or sides of any drainage or irrigation works on such land 132 (2)(b) If default is made in complying with the provisions of a notice issued under this subsection the Executive Officer may enter upon such land and cause action to be taken to clear any tree, plant or weed from such banks or sides or to remove any such refuse chapter 4_a4.indd 51 7/5/13 6:46 PM