SECTION 6
Native Communal Reserves
SECTION 6 of the Sarawak Land Code empowers the Minister to declare any area of state land to be a Native Communal Reserve for the use of any native community, which case, rights in any such land shall be regulated by the customary law of the community for whose use it was declared to be reserved.
However, the land shall continue to be state land and the native community for whose use it was reserved or any member thereof acquiring any rights therein shall hold the same as licensee of the government.
It protects the rights of the natives in the state over their land. A native communal title is to be issued to a native community in respect of native territorial domain (virgin jungle) in which the native community have exercised and is exercising usufructuary rights.
SECTION 18
Grants to natives
SECTION 18 provides for the issuance of a title to an individual who has occupied and used any unalienated land in accordance with rights acquired by customary tenure amounting to (individual) ownership of the land for residential and agricultural purposes.
Section 18 states that where the director of the Land and Survey Department, subject to any direction from the Minister, is satisfied that a native has occupied and used any area of unalienated State land in accordance with rights acquired by customary tenure amounting to ownership of the land for residential or agricultural purposes, he may, subject to section 18A, issue to the native a grant in perpetuity of that area of land free of premium rent and other charges.
A grant in perpetuity under this section shall be made for residential or agricultural purposes, as the case may be, subject to such conditions, obligations and restrictions, as the director on the direction of the Minister, may impose.
Abang Johari’s quotes on NCR
- “Don`t be fooled by the opposition’s instigation, because believing in their propaganda will only disappoint you.” – Chief Minister Datuk Patinggi Abang Johari Tun Openg, at the presentation of land titles under Section 18 of the Sarawak Land Code in Miri on Aug 26, 2020
- “There was one person who openly criticised surveys under Section 6 as a government disguise for grabbing land, but turned up to receive perpetuity land title under Section 18 from me personally at one presentation ceremony.” – Chief Minister Datuk Patinggi Abang Johari Tun Openg at the presentation of land titles under Section 18 of the Sarawak Land Code in Miri on Aug 26, 2020
- “We (the state government) have put it all together so that the lands owned by the Bumiputera can be well managed where all customary lands have the force of law. For the record, survey under Section 5 is to recognise the NTD, Section 6 is to carry out a perimeter survey so that there is no conflict (no overlapping claim) and Section 18 to issue land titles.” – Chief Minister Datuk Patinggi Abang Johari Tun Openg at the closing ceremony of the Land Code (Amendment) Forum 2018 for the southern zone of Sarawak on Nov, 21, 2019
- “The GPS government has opted for a political solution with the amendment rather than through the court process. The amendment is to recognise NTD. If we had relied on the court process, we would have lost everything. We are fortunate to have GPS. GPS is the saviour of our native land.” – Chief Minister Datuk Patinggi Abang Johari Tun Openg at the official opening of the Sarawak Land Amendment Bill Forum for the Central Region on Oct 7, 2019
- “We have amended the State Land Code to give the force of law to NTD. This is very important to allow us to save our land. Native owners can own and can use the land.” – Chief Minister Datuk Patinggi Abang Johari Tun Openg at the official opening of the Sarawak Land Amendment Bill Forum for the Central Region on Oct 7, 2019
- “If we want to amend the Land Code, it must be consistent. If our law is wrong, how do (you expect) people to recognise our law? If it’s (the law) not acceptable by all, then this is not a law. We cannot have the law of the jungle.” – Chief Minister Datuk Patinggi Abang Johari Tun Openg at the opening of Sarawak United National Youths Organisation (Saberkas) triennial general assembly in Kuching on Oct 16, 2017
