Property Law Update - NLC, Land Acquisition, Malay Reserve Land Enactment

25 Apr, 2017, Seri Pacific Hotel

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Learn from the Best

LEARN FROM THE BESTPROF DATO’ SALLEH BUANG formerly served as a Federal Counsel in the Attorney-General’s Chambers, Kuala Lumpur (1970-75), before he left for private practice, then the corporate sector and finally the academia. He was the Deputy-Dean, Kulliyyah of Laws, and International Islamic university until 1990, when he went into full-time consulting.

 

Over the last 3 decades, he had conducted numerous workshops, seminars, corporate briefings and courses covering land law, housing development, construction law, joint ventures and planning law. Author of more than 25 books and monographs on a wide range of legal topics, he now writes for his weekly column in New straits Times, Utusan Malaysia and Berita Harian.

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Seri Pacific Hotel
Jalan Putra, 50350 Kuala Lumpur,
Phone : 03 4042 5555
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OBJECTIVES

The National Land Council, at its 72nd meeting in April 2016, agreed to amend the National Land Code (Act 56/1965) and Land Acquisition Act 1960.

 

The National Land Code (Amendment) Act 2016 (Act A1516) and the Land Acquisition (Amendment) Act 2016 (Act A1517) were both given the Royal Assent on 31 August 2016 and published in the Gazette on 9 September 2016. On January 15, 2017, the Johor Bar Committee stated that under a federal government gazette P.U. (B) 527 dated 28 December 2016, Act A1516 came into force in Johor with effect from 1 January 2017.

Under Act A1516, this recent amendment exercise affects some 70 sections and introduces several new major provisions, as well refining the procedures for the extension of leasehold (land held for a term of years), quit rent for parcels in subdivided buildings and electronic submission. There are also important new provisions affecting underground land and surrender and re-alienation of land. Penalties for some major offences have also been increased.

 

Under Act A1517, the amendment exercise includes new provisions relating to acquisition of underground land, Land Administrator’s duties relating to extent and depth of underground land and limits of compensation when appealing to the Court.

 

The Malay Reservation Enactment of Kedah has drawn the attention of the public as a result of a recent Court of Appeal decision, which led to surprising results.

METHODOLOGY

Interactive Lectures, Discussions and Practical Case studies on all relevant areas to ensure participants grasp clearly issues presented.

WHO SHOULD ATTEND?
  • Property Owners & Developers
  • Property Consultants
  • Property Managers
  • Bankers
  • Insurance Companies
  • Financiers
  • Valuers
  • Land Administration Managers
  • Investment Advisers
  • Development & Planning Managers
  • Town Planners
  • Project Co-ordinators
  • Contractors
  • Contract Managers & Executives
  • Contract Administrators
  • Architects
  • Engineers
  • Quantity Surveyors
  • Construction Managers
  • Legal Advisors
  • Lawyers
  • Project Managers
  • Government Ministries & Departments
  • Local Authorities
  • Media Practitioners
  • Academicians
DAY 1
9:00 SESSION ONE | NLC (AMENDMENT) ACT 2016
  • Background
    -- The Torrens System – from paper to digital
    -- NLC review study by JKPTG
    -- Fourteenth Schedule – Computerised Land Registration System
    -- E-Land
    -- Sixteenth Schedule – ELAS
  • New provisions
    -- Extension of leasehold (s. 90A)
    -- Issuance of QT for underground land (s. 92C, new (1A))
    -- Underground land, endorsement of depth of surface land (s.92D(2))
    -- Quit Rent of land with subdivided building (s. 96A)
    -- Surrender and re-alienation of land under QT (s. 204B, new (2))
    -- Surrender of title under perpetuity (s. 204E, new (3A)
    -- Lodgment of instrument in electronic form (s. 292A).
  • Improved registration procedures and service delivery
  • Improved revenue collection system
10:45 SESSION TWO | NLC (AMENDMENT) ACT 2016
  • Improved disposal procedures
  • Improved land development procedures
  • Strengthening enforcement
  • Increased penalties
1:00 Lunch

2:00

SESSION THREE | LAND ACQUISITION (AMENDMENT) ACT 2016

  • Power of Land Administrator to forfeit deposit
  • Acquisition of underground land – plan must describe extent of area
  • Land Administrator can request information from local planning authority
  • Duty of Land Administrator to record evidence during enquiry
  • Enquiry and award by Land Administrator pursuant to a Certificate of Urgency
  • Acquisition of part of the land of a subdivided building
  • Late payment charges – reduced to 5%
  • Meaning of “due date” expanded – new subsection 32(1C)(a) and (b).
  • Meaning of “payment” – new section 32A.
  • Withdrawal from acquisition
  • Finality of award not exceeding RM5,000
  • Taking temporary occupation or use of land
    -- new provision section 57
    -- new compensation procedure under s. 58.
4:00 SESSION FOUR | MALAY RESERVE LAND – LATEST DEVELOPMENT
  • Position taken by the Malay Rulers
  • Increased acreage of MRL
  • Replacing of MRL
  • Converting idle government land into MRL ?
  • Recent developments in state practice (Kedah Darul Aman)
5:00 End of Course