s 52 Categories of land use and application thereof to lands alienated under this Act
(1) For the purposes of this Act there shall be three categories of land use, to be known respectively as “agriculture”, “building” and “industry”; and, subject to subsection (5), where any land is alienated under this Act— (a) there shall be endorsed on the document of title thereto such one of those categories as the State Authority may have— (i) prescribed by a notification having effect in relation thereto under subsection (2); or (ii) in the absence of any such notification, determined in relation thereto pursuant to subsection (3); and (b) the conditions to which the land becomes subject shall include accordingly— (i) such express conditions as may be imposed by the State Authority by virtue of section 121 or 122; and (ii) such implied conditions as are applicable thereto by virtue of section 115, 116 or 117. (2) The State Authority may, by notification in the Gazette, specify any area of the State, and prescribe a category of land use in relation thereto for the purposes of this section; and that category shall be the one to be endorsed under subsection (1) on the alienation pursuant to any approval given after the notification is published of any State land in that area which has not at any previous time been alienated. (3) Except in a case falling within subsection (2), the category of land use to be endorsed pursuant to subsection (1) on the document of title to any land shall be determined by the State Authority at the time when the land is approved for alienation. NOTES Provisions of the Modification Subsection 52(5) In its application to the Federal Territory of Kuala Lumpur, the reference to the “State Authority” which appears for the first time shall be construed as reference to the “Selangor State Authority”; and the reference to the “State Authority” which appears for the second time shall be construed as reference to the “Government of the Federation”. —see P.U. (A) 56/1974 In its application to the Federal Territory of Putrajaya, reference to “State Authority” which appears for the first time shall be construed as reference to “Selangor State Authority”; and the reference to “State Authority” which appears for the second time shall be construed as reference to “Government of the Federation”. —see P.U. (A) 213/2001 In its application to the Federal Territory of Labuan— (1) substitute for the words “this Act” the words “any previous land law”; (2) reference to “the State Authority” which appears for the first time shall be construed as reference to “any previous authority” and reference to “State Authority” which appears for the second time shall be construed as reference to the “Government of the Federation”; (3) substitute for the word “thereof” the words “of the extended Code” wherever they appear. —see P.U. (A) 454/2009 (4) Copies of any notification under this section shall be published in accordance with section 433. (5) This section does not apply to any land alienated under this Act in pursuance of an approval given by the State Authority before the commencement thereof; and the State Authority may, on approving the alienation of any land after that commencement, direct that no category of land use be endorsed on the document of title thereto, if satisfied that the use thereof could be more appropriately controlled by the imposition of express conditions under section 120. Use of Lands Alienated before Commencement