GLS691

CLASSIFICATION, USE
AND CONTROL OF LAND

Dr Ashraf b Abdullah
Centre Of Studies for Surveying Science and Geomatics
Faculty of Architecture, Planning and Surveying
UiTM Perlis Branch
CLASSIFICATION, USE and
CONTROL OF LAND
- CATEGORIES
- CONDITIONS n RESTRICTIONS
- CONVERSION
 TABLE OF CONTENTS
 VARIATION IN
• CLASSIFICATION OF LAND CONDITIONS,
• ABOVE SHORELINE RESTRICTIONS &
• FORESHORE n SEABED CATEGORIES
• CATEGORIES OF LAND  BREACH OF CONDITIONS
• AGRICULTURE
• BUILDING  FORFEITURE
• INDUSTRY

• IMPLIED CONDITIONS
• TO AGRICULTURAL LAND
• TO BUILDING LAND
• TO INDUSTRIAL LAND

• EXPRESS CONDITIONS
 a) CLASSIFICATION & CATEGORY
OF LAND
• SEC 51 – LAND can be classified as follows:
• Land above shore-line
• Town land
• Village land
• Country land (other than town land or village land)
• Foreshores n seabed

• SEC 52 – ALIENATED LAND can be categorized as follows:

• Agriculture
• Building
• Industry

Given the category of the land use, proprietor is subject to follow the implied
condition on which the land falls on
IMPLIED CONDITIONS
 b) IMPLIED CONDITIONS
(BOUNDARY MARKS)

• SEC 114 – BOUNDARY MARKS

• The proprietor of alienated land shall be subject to the following implied
conditions:
• Take all reasonable steps to prevent damage, destruction or unlawful
removal
• If any of them are damaged, destroyed or unlawfully removed, give
immediate notice of the fact to the L.A, or to the Penghulu
• If required by the L.A: pay the cost of repairing or replacing any of them
which may have been damaged, destroyed or unlawfully removed
• If required by the L.A: at his own expense clear any boundary line
 b) IMPLIED CONDITIONS
(AGRICULTURE)
This Photo by Unknown Author is licensed under
CC BY-SA

• SEC 115 - CATEGORY: AGRICULTURE

• that no building shall be erected on the land except building referred to sub-sec(4)
• bona fide commencement of cultivation of the land shall be made within twelve
months of the relevant date
• the whole area of the land shall be brought fully under cultivation within three years
of the relevant date, except any part thereof:
• occupied by or in conjunction with a building referred to sub-sec (4),
• used for any of the purposes mentioned in sub-sec (4) para (e), or any other purpose which
the State Authority may specially authorise
• maintained and cultivated according to the rules of good husbandry
• continuously cultivated
 b) IMPLIED CONDITIONS

SUB-SECTION 4/ (4) - THE PURPOSE of BUILDING on the AGRICULTURE land :

• dwelling-house for the proprietor or any other person lawfully in occupation or for the servants, or
any persons employed for agricultural purposes or any other such person:
• shall not occupy more than 1/5 of the whole area of the land or 2 hec., whichever is the lesser

• agriculture
• extracting or processing raw material from any agricultural produce
• preparing for distribution any such material or produce
• educational, medical, sanitary or other welfare facilities (for use by persons employed on the land)
• any purpose which the S.A may prescribe for the purpose of this section by rules under section 14.
• any purpose which the S.A may think fit to authorise in the circumstances of any particular case;
• any purpose incidental to a purpose
 b) IMPLIED CONDITIONS
(BUILDING)

• SEC 116 – CATEGORY: BUILDING

• Erect a building suitable for use for one/more of the purposes
specified or referred to in sub-sect.(4) within two years of a
relevant date
• no part of the land shall be used for agricultural or industrial
purposes (except subsect. (4)para (f) or (g))
• every building shall be maintained in repair
• no such building shall be demolished, altered or extended
without the prior consent in writing of the appropriate authority.
 b) IMPLIED CONDITIONS
SUB-SECTION 4/ (4) - THE PURPOSE of a BUILDING in the BUILDING
LAND is:
• Residential
• Administrative or commercial or passenger transport
• Exhibiting, selling by retail, repairing or otherwise dealing in any goods or
commodities, or of providing any services
• Educational, medical, sanitary or other welfare facilities
• Entertainment, refreshment or recreation
• Any purpose which the S.A may prescribe for the purposes of this section by rules
under section 14
• Any purpose which the S.A may think fit to authorise in the circumstances of any
particular case
• Any purpose incidental to a purpose
 b) IMPLIED CONDITIONS
(INDUSTRIAL)
• SEC 117 – CATEGORY: INDUSTRY
• Shall be used only for industrial purposes :
• Manufacture
• Smelting
• The production or distribution of power
• The assembling, processing, storage, transport or distribution of goods, or other commodities
• Such other purposes a the State Authority ay prescribe for purposes of this section by rules under section 14;

• Commence operations within three years of the relevant date and maintained in repair
• No such building or installation shall be demolished, altered or extended without the prior
consent in writing of the appropriate authority;
• Shall not prevent the maintenance or erection of any building used for-
• Educational medical, sanitary or other welfare facilities
• Any purpose which the State Authority may think fit to authorise in the particular circumstances of the case
EXPRESS CONDITIONS
 c) EXPRESS CONDITIONS
(AGRICULTURE)

• SEC 121 – CATEGORY: AGRICULTURE

• The State Authority may impose such CONDITIONS as it may think fit:
• Requiring the cultivation thereon, of a particular crop, or of any class or description
of crops ⇨specify the crop(s) should be cultivated
• Prohibiting the cultivation, of a particular crop, or of any class or description of
crops ⇨specify the crop(s) shouldn't be cultivated
• Fixing the dates of commenced or completed which any work of clearing,
cultivation, sowing, maturing or harvesting, or any other agricultural activity
⇨specify due date for…
• Limiting the maximum area of the land which may be occupied by dwelling-houses
and other buildings ⇨specify area for…
 c) EXPRESS CONDITIONS (BUILDING n
INDUSTRY)
• SEC 122 – CATEGORIES: BUILDING n INDUSTRY
• The State Authority may impose such CONDITIONS as
it may think fit:
• The AREA or proportion of the land to be build upon
• Type, design, height and structure of any BUILDING and the type and
quality of the materials to be used in its CONSTRUCTION
• DATES on or before the commencement or completion of any such building
• USAGE of any building to be put
VARIATION OF CANDITIONS,
RESTRICTIONS &
CATEGORIES
 d) VARIATION OF CONDITIONS, RESTRICTIONS n
CATEGORIES

• With approval from S.A, proprietor may (SEC 124)

• SEC 124 (1) – Proprietor may apply to the S.A for:
• CHANGE the category of land used
• The RESCISSION of any express condition or restriction in
interest, removal of the expression "padi", or any other expression
• AMENDMENT of any express condition or restriction in interest or
the IMPOSITION of any new express condition or restriction in
interest

With condition : ANY RENT DUE HAS BEEN PAID

 d) VARIATION OF CONDITIONS, RESTRICTIONS &
CATEGORIES

• SEC 124 (5) – Any direction given by S.A may be made conditional upon
all/any of the following matters:
• The payment of a further premium
• The payment of any other charges as may be prescribed
• The reservation of a new rent;
• Compliance with such other requirements as the State Authority may think fit

• SEC 124 (8) – L.A inform in notice to proprietor to pay for rent and
premium in Form 7G - within the specified time and if any such sum is not
paid within such time the approval of the State Authority shall thereupon
lapse
 d) VARIATION OF CONDITIONS, RESTRICTIONS &
CATEGORIES

• Simultaneous application for sub-division

• Form 7D
• Condition of approval : refer SEC 136 – Conditions for approval
of sub-division
• All condition in SEC 124 (5) is referred.
BREACH OF CONDITION
SEC 125
 e) BREACH OF CONDITIONS

• SEC 125 - When a breach of condition arises

• A breach of condition requiring continuous performance,
continue so long ⇨ the condition is not complied with.
• A breach of condition for a fixed term;
• Requiring the doing of any act within any time (see SEC 107 – for an
extended time), the act still haven't been done upon expiry of the
time ⇨must do before…
• Requiring any act to be refrained from until any time, but doing that
act before that time ⇨must NOT do before…
 e) BREACH OF CONDITIONS

• SEC 127 - Liability to forfeiture for breach of condition

• Upon any breach arising by any alienated land:
• The land shall become liable to forfeiture to the S.A
• Except in a case where a fine is imposed (SUB-SEC 1A) or a
remedy (SEC 128);
• L.A shall proceed with the enforcement of the forfeiture (SEC 129)
if SUB-SEC 1A or SEC 128 not followed.
 e) BREACH OF CONDITIONS
• SUB-SEC 1A – Fine imposed upon breach of condition
• L.A may serve a notice in Form 7E to proprietor :
• requiring him to show cause why a fine should not be impose in respect of such breach
• If proprietor fail to show cause, L.A may make order for the payment of a fine of:
• not less than RM500
• If still continuing breach : not less than RM100 per day for each continuation

• SUB-SEC 1C – If breach continues

• If a fine is paid : no action to be taken under SEC 128 or SEC 129,

• If breach continues: L.A may serve a notice in Form 7F to proprietor (informing

actions under SEC 128 or SEC 129 will be taken)

• SEC 127(2) – No waiver

• Any item of land revenue (to S.A): shall not operate as a waiver for any right of
forfeiture
 e) BREACH OF CONDITIONS
• SEC 128 - Summary action to secure remedying
• Where:
• Any alienated land is liable to forfeiture (SEC 127) to the S.A
• It appears to L.A that the breach can be remedied within reasonable time
→ L.A shall serve on the proprietor a notice in Form 7A
• Specifying the required action
• Calling to take action within the time specified
• L.A shall endorse in Register Document of Title (RDT) :
• A NOTE: the land is subject to action for breach of condition

• If :
• The notice IS complied:
• The note shall be cancelled
• The notice IS NOT complied:
• L.A shall take action under SEC 129
 e) BREACH OF CONDITIONS
• SEC 129 - Action to enforce forfeiture
• L.A can take action when alienated land is liable to forfeiture
under SEC 127 for breach of condition and :
• In his opinion, taking action under (SEC 128) is not appropriate
• Proprietor of land failed to comply with any notice served on him

• SEC 129(2) – L.A shall

• Serve notice in Form 7B to PROPRIETOR
• Serve a copy of the notice to RELATED PERSONS or BODIES

• SEC 129(3) - Upon the notice, L.A shall endorse in RDT:

• A NOTE : land subject to action for breach of condition
 e) BREACH OF CONDITIONS
cont…
• SEC 129(3) - Upon the date, time and place specified in notice;
L.A shall hold enquiry and conclude:
• If remedied → shall declare and cancel any note endorsed on RDT
• If there has been a notice endorsed earlier (with longer time for
remedy) → L.A shall make order that proprietor is allowed for remedying
(according to mentioned action and time of remedy in the earlier notice)
• In any other case → shall take temporary possession of the
land (if directed by S.A) OR
→ declare the land being forfeit to S.A (if not directed by S.A)
FORFEITURE
SEC 130…..SEC134
 f) FORFEITURE
• SEC 130 – Forfeiture to take action upon notification in
Gazette
• SEC 130(1) - S.A publish in Gazette by notification in Form 8A
• causes → SEC 100: non-payment of rent OR
→ SEC 129: breach of condition
Then forfeiture will take effect

• SEC 130(1) - Copies of notification be published in accordance

to SEC 433. After published, register a memorial on RDT
 f) FORFEITURE

• SEC 131 - Effect of forfeiture

• Upon forfeiture:
• The land shall revert and vest in S.A as State Land → freed n
discharged from all titles
• Also vest in S.A (anything as specified in SEC 47) → any
building(s) on the land, no compensation
• Any item of land revenue → due to S.A
 f) FORFEITURE

• SEC 132 - Land NOT to be re-alienated, etc.,

during period for appeal against forfeiture
• S.A shall not re-alienate/dispose land within:
• The 3 months period (under SEC 418)- as an appeal lies to the
court
• If such an appeal is lodge during that period – DURING time of
determination of the appeal and time any proceedings
 f) FORFEITURE

• SEC 133 - Power of S.A to annul forfeiture or re-alienated to

previous proprietor on new terms
• S.A may refuse or allow with conditional payment:
• If forfeiture caused by non-payment of rent → penalty; not exceeding six
times the sum (he is supposed to pay by notice of demand under SEC 97)
• If forfeiture caused by breach of condition → an amount; S.A determined

• Re-alienation: S.A re-determine various matter it consider

appropriate under SEC 79(2)
 f) FORFEITURE

• SEC 134 - Appeals against forfeitures

• The proprietor may appeal under SEC 418
• No appeal can be done after expiry of the 3 month period
 The End
Thank you for your attention