Declaration of hill land
The Ruler in Council or the Yang di-Pertua Negeri in Council of a State may, by notification in the Gazette, declare any area or class or description of land in the State to be hill land for the purposes of this Act. *NOTE—Lands Ordinance of the Straits Settlements [S.S. Cap. 113] has since been repealed by National Land Code [Act 56 of 1965]–see section 438 of Act 56 of 1965.
Entry of declaration on the register
The Land Administrator shall, upon the making of any declaration under section 3 cause to be presented to the Registrar a memorandum containing a complete list of all the lands affected by such declaration, and the Registrar shall note in the register against all such lands the fact that such declaration has been made.
Prohibition of short-term crops except under permit
No person shall plant any hill land with short-term crops: Provided that the Land Administrator may issue an annual permit to plant specified short-term crops to any applicant who satisfies him that such cultivation will not cause appreciable soil erosion, and in such permit may prescribe the area of the land and the terms and conditions under which such cultivation is permitted.
Restrictions on clearing and cultivation of hill land
(1) No person shall clear any hill land or interfere with, destroy or remove any trees, plants, undergrowth, weeds, grass or vegetation on or from any hill land: Provided that it shall be lawful for the Land Administrator, on the application of the owner or occupier of any hill land, to authorize by permit in writing under his hand, subject to such terms and conditions and to such extent and in such manner as may be specified in such permit— (a) the clearing of such hill land for the purpose of cultivation; (b) the clearing or weeding of such hill land under lawful cultivation. (2) Any person who fails to comply with any terms or conditions prescribed in a permit issued under subsection (1) shall be deemed to have contravened this Act. (3) Whenever the Land Administrator declines to issue a permit under this section in terms acceptable to the applicant he shall, on being requested so to do by the applicant, forthwith issue to him a certificate under his hand setting forth the nature of the permit asked for and the grounds of such refusal and the date of issue of such certificate.
Appeal
(1) Any applicant aggrieved by the refusal of the Land Administrator to issue a permit under section 6 in terms acceptable to such applicant may, within fifteen days of the issue of the Land Administrator’s certificate under subsection 6(3), or within such further time as the Ruler in Council or the Yang di-Pertua Negeri in Council, as the case may be, may in any case allow, appeal to the Ruler in Council or the Yang di-Pertua Negeri in Council, against such refusal and the Ruler in Council or the Yang di-Pertua Negeri in Council, after hearing such person, or in his absence, as the Ruler in Council or the Yang di-Pertua Negeri in Council shall think fit, may confirm such refusal or order the Land Administrator to issue such permit with or without modifications. (2) Every such appeal shall be by notice in writing signed by the appellant or his advocate and solicitor and shall be delivered to the Land Administrator, who shall forthwith transmit such notice to the State Secretary, together with a copy of the certificate issued under subsection 6(3). (3) In deciding any such appeal it shall be lawful for the Ruler in Council or the Yang di-Pertua Negeri in Council to receive and take into consideration any signed statement or report of any person as to the condition of the land in question and the desirability or otherwise of the issue of a permit therefor. (4) The order of the Ruler in Council or the Yang di-Pertua Negeri in Council under this section shall be final and no Court shall call in question any such order.
Acquisition of hill land
Whenever it appears desirable to the Ruler in Council or the Yang di-Pertua Negeri in Council, as the case may be, to acquire any hill land for the purpose of preventing soil erosion it shall be lawful for the Ruler in Council or the Yang di-Pertua Negeri in Council to direct that such hill land be acquired either by private treaty or under the Land Acquisition Act 1960 [Act 486]; and for the purpose of that Act the land to be acquired shall be deemed to be required for a public purpose.
Power to require statements as to persons interested
(1) The Land Administrator may by order in writing require the owner or occupier of any hill land to deliver to him within a time to be specified in the order, being not less than fifteen days from the service thereof, a statement in writing containing to the best of his knowledge and ability the name and address of every person who possesses or has possessed within one year preceding the date of service of the order any interest in the land or any part thereof, whether as co-owner, mortgagee, lessee, sub-lessee, tenant, squatter or otherwise, and the nature of any such interest. (2) Every such order shall be personally served on the owner or occupier, as the case may be. (3) Every owner or occupier required to deliver a statement under this section shall be legally bound to do so within the meaning of sections 176 and 177 of the Penal Code [Act 574].
Enforcement of terms and conditions of permits
(1) Whenever any owner or occupier of hill land fails to comply with any term or condition imposed by a permit issued under section 5 or 6 the Land Administrator, or any person authorized by him in writing generally or specially in that behalf, may enter upon such hill land with such assistants and things as are necessary, and may perform and do thereon and therein all acts and things required to conform with the terms and conditions of such permit, and the cost thereof shall be recoverable from such owner or occupier; and the amount of such cost may be reported to the Court of a Magistrate and recovered in the same manner as if it were a fine imposed by such Court, notwithstanding that such amount may be in excess of the ordinary jurisdiction of such Court. (2) Nothing in this section shall affect the liability of any person to prosecution and punishment under section 18.
Provisions on this page are reproduced verbatim from official open data. See the attribution line.
Text as at 1 January 2006 (LOM reprint); amendments made after that date may not be incorporated. Read the official text ↗
Source: Laws of Malaysia, Attorney General's Chambers of Malaysia (lom.agc.gov.my). Not a copy of the Gazette printed by the Government Printer (Interpretation Acts 1948 and 1967, s 61).