s 53 Conditions affecting use of lands alienated before commencement until category of land use imposed
(1) This section applies to all land alienated before the commencement of this Act other than land which, immediately before that commencement, is subject to an express condition requiring its use for a particular purpose. (2) All land to which this section applies which is at the commencement of this Act— (a) country land; or (b) town or village land held under Land Office title, shall become subject at that commencement to an implied condition that it shall be used for agricultural purposes only: Provided that this condition— (i) shall not prevent— (a) the use of any part of the land for any purpose for which it could (under section 115) be lawfully used if it were subject instead to the category “agriculture”; or NOTES Provisions of the Modification Section 53 In its application to the Federal Territory of Labuan— (1) substitute for subsection (2) the following subsection: “(2) All land to which this section applies which, at the commencement of the extended Code, other than town land, shall become subject at that commencement to an implied condition that it shall be used for agricultural purposes only: Provided that this condition— (i) shall not prevent— (a) the use of any part of the land for any purpose for which it could (under section 115) be lawfully used if it were subject instead to the category “agriculture”; or (b) the continued use of any part thereof for any industrial purpose for which it was lawfully used immediately before the commencement of the extended Code; and (ii) shall not apply to any part of the land which is occupied by or in conjunction with— (a) any building lawfully erected before that commencement; or (b) any building erected after that commencement, the erection of which would (under section 115) be lawful if the land were subject instead to the category “agriculture.”; —see P.U. (A) 454/2009 (b) the continued use of any part thereof for any industrial purpose for which it was lawfully used immediately before the commencement of this Act; and (ii) shall not apply to any part of the land which is occupied by or in conjunction with— (a) any building lawfully erected before that commencement; or (b) any building erected after that commencement, the erection of which would (under section 115) be lawful if the land were subject instead to the category “agriculture”. (3) All other land to which this section applies shall become subject at the commencement of this Act to an implied condition that it shall be used neither for agricultural nor for industrial purposes: Provided that this condition— (i) shall not prevent the continued use of any part of the land for any agricultural or industrial purpose for which it was lawfully used immediately before the commencement of this Act; and (ii) shall not apply to any part of the land which is occupied by or in conjunction with— (a) any building lawfully erected before that commencement; or (b) any building erected after that commencement, the erection of which would (under section 116) be lawful if the land were subject instead to the category “building”. NOTES Provisions of the Modification Section 53 (2) substitute for subsection (3) the following subsection: “(3) A l l o t h e r l a n d t o w h i c h t h i s section applies shall become subject at the commencement of the extended Code to an implied condition that it shall not be used for agricultural purposes: Provided that this condition— (i) shall not prevent the continued use of any part of the land for such purpose for which it was lawfully used immediately before the commencement of the extended Code; and (ii) shall not apply to any part of the land which is occupied by or in conjunction with any building lawfully erected before that commencement.”. —see P.U. (A) 454/2009 (4) No order under subsection 129(4) or (5) declaring land forfeit to the State Authority shall have effect with respect to any land for breach of any condition to which it is subject by virtue of this section except upon payment of such compensation as may be agreed or determined under section 434.