; THE SARAWAK GOVERNMENT GAZETTE ft PART Il Published by Authority Vol. LI 13th August, 1998 No. 25 Swk. L.N. 67 THE LAND CODE Tue Lanp Cope (DEVELOPMENT AND Sus-pivision oF Lab) (Quatirien Persons) Rutes, 1998 ARRANGEMENT OF RULES PART I PRELIMINARIES Rule 1. Citation, commencement and application. 2. Interpretation. PART IL PREPARATION AND SUBMISSION OF FORMS 3. Qualified persons to submit forms, etc. 4. — Rejection of Forms from unqualified persons. PART Ill REGISTRATION 5. Register.88 Rule 6. Registration. 7. Registration under various parts of the register. 8. Restriction on registration of non-citizen. 9. Certificate of registration. 10. Period of registration. 11, Cancellation and suspension. SCHEDULE— Form A — Application for registration as a qualified person. "Form B — Certificate of registration as a qualified person, o Form C — Form for application for renewal of regis- tration.89 THE LAND CODE Tue Lanp Cope (DEVELOPMENT AND SUB-DIVISION OF LAND) (Quatiriep Persons) Rutes, 1998 (Made under section 248(1) (j)) In exercise of the powers conferred by section 248(1) (j) of the Land Code, the State Planning Authority, with the approval of the Majlis Mesyuarat Kerajaan Negeri, has made the following Rules: PART I PRELIMINARIES 1.—(1)_ These Rules may be cited as the Land Code (Develop- ment and Sub-division of Land) (Qualified Persons) Rules, 1998, and shall come into force on the Ist day of August, 1998. (2) These Rules shall apply to all applications for develop- ment or sub-division made under Part X of the Code on or after the Ist day of January, 1999, except the following: (a) application for sub-division of agricultural land; and (b) application for development or sub-division of land for residential use if: (the land area does not exceed 4047 square metres; and (ii) only detached houses not exceeding two storeys in height are crected on not more than four sub- divided lots. 3) Applications excepted under subrule (2) and any appli- cation submitted on or before Ist January, 1999, may be signed and submitted by the registered proprietor of the land or any person duly authorized by him in writing even though that person is not a qualified person. 2. In these Rules— “architect” means a person registered as an architect under the Architects Act 1967, and includes a body corporate issued with a permit by the Board of Architects under section 7a of the said Act, to practise as an architect; “Authority” means the State Planning Authority established under section 228(1) of the Code; Cop. 81, (1958 Ea), Citation, com- ‘mencement thd pplication, Interpretation, Act U7,Act 125. cap. 8. (1958 Fe), Act 138; et 458 90 “body corporate” means any company incorporated under the Companies Act 1965; “Code” means the Land Code of Sarawak; “engineer” means a person registered as an engineer ‘under the Registration of Engineers Act 1967, and includes abody corporate issued with a permit by the Board of Engineers under section 74 of the said Act to practise as an engineer; “Forms” means Forms Q, R and S prescribed in the Schedule to the Code, and includes any drawing, plan, diagram, specifications, planning brief, report or other documents “attached to or accompanying such Forms; “land surveyor” means a person Tégistered as a land surveyor under the Licensed Land Surveyors Act 1958, and includes a body corporate holding a valid permit from the Board of Surveyors to practise as a land surveyor; “qualified person” means any person— (@ (i) who is a town planner; or (ii) who is an architect, engineer, land surveyor or valuer, and who satisfies the Authority that he has ‘at least three years’ experience in the preparation of plans or documents for development or sub-division of land; (iii) any other person who satisfies the Authority that he possesses the relevant professional experience in the preparation of plans for developmentor sub-division of land of at least seven years’ experience preceding the date of commencement of these Rules; and (b) who is registered with the Authority in accor- dance with these Rules; “register” means the register kept by the Authority under rule 6(1); “relevant laws” means the Architects Act 1967, the Registra- tion of Engineers Act 1967, the Licensed Land Surveyors Act 1958, the Town Planners Act 1995, and the Valuers, Appraisers and Estate Agents Act 1981; “Secretary” means the Secretary of the Authority; “Superintendent” means the Superintendent of Lands and Surveys for the Division where the land relating to an application for develop- ment or sub-division, is situated; ~91 ~*town planner” means a person who is qualified to be registered to practise as a town planner under the Town Planners Act 1995, and includes a body corporate practising as a town planner by virtue of a permit issued by the Board of Town Planners under section 20 of the said Act or who is a member of the Malaysian Institute of Planners; “valuer” means a person who is a registered valuer as defined in the Valuers, Appraisers and Estate Agents Act 1981 PART II PREPARATION AND SUBMISSION OF FORMS 3. Subject to rule 1(3), no person who is not a qualified person may prepare, draw up, sign or submit any Form pertaining to the development or sub-division of land, or act on behalf of a registered proprietor of any land in regard to the development or sub-division of his land in accordance with Part X of the Code. 4. Subject to rule 1(3), any Form, and any drawing, plan, specifications, report or study drawn up, signed or submitted by a person who is not a qualified person for the purposes of develop- ment or sub-division of land pursuant to Part X of the Code, shall be rejected by the Authority or the Superintendent. PART I REGISTRATION 5.—(1) The Authority shall cause a register to be kept which shall contain the names, addresses and qualifications of all qualified persons and all such other matters as may be prescribed. In the event of the cancellation or suspension of the registration of any qualified person, the Authority shall cause an entry thereof to be made in the register. (2). The register shall be divided into the following parts, namely: Part I — which shall comprise those qualified persons who are entitled to prepare, draw up, sign and submit Form Q (the application for sub-division) and Form R (the sub-division plan). Part II — which shall comprise those qualified persons who are entitled to prepare, draw up, sign and submit Form $ (the engineering plan). (3)_ The register shall be maintained and kept by the Secretary at the office of the Authority and shall be open to inspection by any person on payment of an inspection fee of five ringgit. Act 538. Act 282 Qualified persons to ‘bmi forms, Rejection of Forms from unqualified persons Register,Registration. 92 (4) The Secretary shall, before the thirty-first day of March in each year, publish in the Gazette a list of the names of all qualified persons and shall, within six weeks of the registration or the suspension or cancellation thereof or the restoration of any registration under subrule (8), publish a notice thereof in the Gazette. (5) A copy of any entry in the register purporting to be certified by the Secretary as a true copy, shall, in all proceedings whatsoever, be prima facie evidence that the person named therein is a qualified person who is registered pursuant to these Rules. (©) The Authority shall remove or amend any entry in the register which is proved to its satisfaction to have been fraudulently procured or made, or to be incorrect. (7) The Secretary shall remove from the-register the name of any person— (@) whose registration as a qualified person to practise has not been renewed before the first day of February in any year; or (2) upon receipt of satisfactory proof that the person who is a qualified person by virtue of him being an architect, engineer, land surveyor, town planner or valuer, has ceased to be registered under the relevant laws as an architect, engi- neer, land surveyor, town planner or valuer. (8) The Authority may, if it thinks fit, restore to the register any name removed therefrom with or without the payment of a reinstatement fee of fifty ringgit. 6.—(1) Subject to rule 8, any person is entitled to be re- gistered as a qualified person and to have his name entered upon the register as such, upon making application to the Secretary in Form A prescribed in the Schedule, and proving to the satisfaction of the Authority that— (a) he is a town planner; (B) he is registered under the relevant laws as an archi- tect, engineer, land surveyor or valuer, as the case may be, and has at least three years’ experience in the preparation of plans or documents for development or sub-division of land; or (©) itis a body corporate issued with a valid permit under the relevant laws to practise as an architect, engineer, land surveyor, town planner or valuer and has at least three years’ experience in the preparation of plans or documents for development or sub-division of land; or (@)_ he possesses the relevant professional experience in the preparation of plans for development or sub-divisionoN 93 of land of at least seven years preceding the date of his applica- tion under these Rules, and he has paid the registration fee of two hundred ringgit. (2) Without prejudice to subrule (1), the Authority may require an applicant who is not a town planner to undertake such examination as the Authority may prescribe to prove his profi- ciency and knowledge of the laws and procedures relating to development or sub-division of land. (3) The name of any architect, engineer, land surveyor, town planner or valuer in the service of either the State or Federal Government may be entered upon the register without payment of the fee-prescribed in subrule (1). 7.—(1)_ An architect, land surveyor, town planner or valuer shall be registered under part I of the register. (2) An engineer shall be registered under part II of the register. (3) _A body corporate or a person who satisfies the Autho- rity that he possesses or has acquired the experience or has the relevant professional qualification in the preparation of plans for development or sub-division of land acquired during a period of seven years preceding the date of the application under these Rules may, in the discretion of the Authority, be registered under either part I or part II, or both, of the register. 8. No person who is not a citizen of the Federation may be registered as a qualified person under these Rules unless he has obtained from the Director of Immigration the requisite Pass to enable him to take up employment in the State. 9.—(1) A certificate of registration in Form B prescribed in the Schedule shall be issued to a qualified person upon his registration. (2) Such a certificate shall remain the property of the Autho- rity and shall be returned to the Authority upon— (a)_ the cancellation of the registration of a qualified person; or (6) the suspension of the registration of a qualified person; ot (c) the expiry of the period of registration of a qualified person; or Registration under various Dats of the register. Restietion on registration of(d)_ the Authority requesting the same for the purpose of making any endorsement or amendment to the certifi- cate. Period of 10.—(1) Registration shall be valid for the calendar year registration in which a person’s name is entered upon the register as a qualified person and such registration may be renewed annually on or before the thirty-first day of January of each year upon payment of a renewal fee of one hundred ringgit (2) Application for renewal of registration shall be sub- mitted in Form C prescribed in the Schedule. (3) The Authority shall not renew the registration of any qualified person unless— (a) he furnishes proof that at the time of renewal he is still registered under the relevant laws as an architect, engineer, land surveyor, town planner or valuer; or (B) as a body corporate, its permit to practise as an architect, engineer, land surveyor, town planner or valuer hhas not been withdrawn or suspended by the appropriate authority under the relevant laws; or (c)_ if he is a non-citizen, he furnishes proof that he still holds a valid Pass issued by Director of Immigration, to take up employment or practise his profession in the State of Sarawak. Cancelation 11, The Authority may cancel or suspend the registration sd suspension of any qualified person for such period of time as the Authority deems appropriate if it is satisfied that— (a) he has been suspended from practice, under the relevant laws, as an architect, engineer, land surveyor, town planner or valuer; or (b) hehas committed any act or guilty of any misconduct in the discharge of his duties as a qualified person which would render him liable to suspension under the relevant laws as an architect, engineer, land surveyor, town planner or valuer; or (©) he has been adjudged a bankrupt; or (d) he has been convicted of an offence under any law relating to corruption, dishonesty or professional mis- conduct; or (e) asabody corporate, it has been wound up pursuant to an order of court or resolution of its shareholders, or a receiver and manager has been appointed to manage its affairs and business.95 SCHEDULE FORM A (Rule 6(1)) THE Land Cope (DEVELOPMENT AND SUB-DIVISION oF LAND) (QuauiFiED Persons) RULES, 1998 APPLICATION FOR REGISTRATION AS A QUALIFIED PERSON ‘The Secretary, State Planning Authority, Sarawak. SECTION A: PARTICULARS OF APPLICANT (1) Name of Applicant (2) Date and Place of Birth/ Date of Registration (if Body Corporate) *(3) Identity Card/Passport No./Company Registry No. (4) Citizenship Status (5) Business Address (6) Business Address in Sarawak (if different from (5) above) (7) Postal Address *(8) Academic Qualifications! Experience (please indicate Year obtained and Name of Institution/Experience in preparation of Plans) (9) For Body Corporate— @_ Date of Permit issued under Relevant Laws : (ii) Names of all Directors and Shareholders96 (10) Membership of Pro- fessional Bodies (please provide evidence) (11) Relevant Working Experience (use separate sheet of paper if space not sufficient) (12) State whether Registration is for Part I or II or both, of the Register of Qualified Persons : , ¢ "ART B: DECLARATION I, the undersigned hereby declare that the particulars given above are true and correct to the best of my belief and knowledge. I understand that the State Planning Authority reserves the right to cancel my registration if the particulars given above are found to be false. Signature : Name Position in Body Corporate (if applicable) Date Official Stamp/Seal of Firm * Delete where inapplicable.97 FORM B Rule 10(1)) ‘Tue Lanp Cope (DEVELOPMENT AND SUB-DIVISION OF LAND) (QUALIFIED Persons) Rutes, 1998 CERTIFICATE OF REGISTRATION AS A QUALIFIED PERSON This is to certify that eee ace a (address) has been duly registered * under Part I/II of the register of qualified persons, to prepare, draw up, sign and submit Forms, plans, specifica~ tions, drawings and other documents required under Part X of the Land Code for the development or sub-division of land. His registration No. is ‘The period of registration is valid for a period ending the 31st day of December, , unless extended as shown in the Schedule below. Date Fees paid vide Secretary, State Planning Authority Sarawak SCHEDULE ‘The registration of the above as a qualified person under the Land Code (Development and Sub-division of Land) (Qualified Persons) Rules, 1998, has been extended to: eet @ Q) 4 * Delete where inapplicable.98 FORM C Rule 10(2)) Tue Lanp Cove (DevetorMenr AND Sus-pivision oF LaNb) (QuauirieD Persons) Rutes, 1998 FORM FOR APPLICATION FOR RENEWAL OF REGISTRATION To: The Secretary, State Planning Authority, Sarawak. | (1) Name of Applicant : (2) Date of first Registration as Qualified Person { (3) Registration No. (4) Particulars of Change of Address, if any (5) For Body Corporate, details of any change in share- holding or directorship (to attach separate sheet, if required) (6) For Non-citizens, details of Pass issued by Director of Immigration 2 DECLARATION —— I declare that I have not been suspended from practice as ‘an architect/engineer/land surveyor/town planner/valuer under the rele- vant laws or as a qualified person under the Land Code (Development and Sub-division of Land) (Qualified Persons) Rules, 1998, and I further | | | ! | Thereby apply to extend my registration up to 31st December, declare that the particulars given above are true. | | Name and Signature of Applicant/ Director of Applicant (if Body Corporate)99 NOTE: APPLICANT MUST SUBMIT CERTIFICATE OF REGISTRATION FOR ENDORSEMENT OF RENEWAL, (IF RENEWAL IS APPROVED) OFFICIAL USE REGISTRATION RENEWED TO FEES PAID VIDE Dated this 23rd day of July, 1998, HAJI ZAIDI K. ZAINIE, Secretary, State Planning Authority Approved by the Majlis Mesyuarat Kerajaan Negeri this 23rd day of July, 1998, KIT SU LEN, Clerk 10 Majlis Mesyuarat Kerajaan Negeri100 omens DICETAK OLaH PERCETAKAN NASIONAL, MALAYSIA BERHAD, KUCHING, SARAWAK [BAGH PIMAK DAN DENGAN KUASA PERINTAH KERAIAAN SARAWAK.