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Land Classification in Sarawak (Mixed Zone Land (Anyone can hold title to…
Land Classification in Sarawak
Mixed Zone Land
Anyone can hold title to this category of land which
can also be occupied by indigenous people under customary tenure.
This land may be held under title.
land which, was mixed Zone Land on the 1st day of January, 1958 (the day when the present Land Code came into force), & land which becomes a Mixed Zone Land by virtue of declaration under subsection 1 of section 4, or by virtue of paragraph (a) of subsection 4 of section 4, or virtue of a direction under subsection 5 of section 38 of the Land Code.
Native Area Land
declared to be such under a subsisting declaration made under the former Land Ordinance-1948, or under section 4 of the Land Code (new);
which becomes Native Area Land by virtue of section 4 of the Land Code;
which become Native Area Land by virtue of section 38 of the Land Code.
A non-native
if he is prospecting for minerals or taking forest produce
when he becomes a "native" by identifying with and subjecting to any native system of personal law
when a registered native proprietor executes a dealing in favor of such a person
held by a native under a document of title;
Interior Area Land
land not falling within any of the definitions of Mixed Zone Land, Native Area Land, Native Customary Land, or Reserved Land.
This category of land are usually deep into the interior & are under primary forests & can't be held under title.
Reserved Land
or within a Forest Reserve, Protected Forest or Communal Forest constituted under The Forest Ordinance
Otherwise lawfully constituted or declared to be reserved land
comprised within a National Park constituted under the National Parks Ordinance
reserved to the government under section 38 of the Land Code
Native Customary Rights Land
Interior Area Land upon which native customary rights have been lawfully created pursuant to section 10 of the Land Code.
The rights of natives to the use of the land are enshrined in the community "adat," and the system of land tenure is the bedrock upon which the social, economic and cultural system rested.
land from time to time comprised in a reserve to which section 6 of the Land Code applies
However, this right does not amount to permanent ownership rights
land in which native have customary rights, whether communal or otherwise, have lawfully been created prior to the 1 st. day of January, 1958