KUCHING, July 12 ― Deputy Chief Minister Datuk Amar Douglas Uggah Embas today appealed to the native communities to give the amended Sarawak Land Code a chance to be enforced for their benefits.
He said they should not politicise and sensationalise native customary rights (NCR) land issue, least of all instigating others to go against the government.
"This Bill reflects the commitment and sincerity of the state government under Datuk Amar Abang Johari Openg in resolving matters close to the hearts of the people,” he said when winding up the debate on the Land Code (Amendment) Bill 2018 in the Sarawak State Legislative Assembly here today.
He said the Bill seeks to give the force of law to the native territorial domain and issue title in perpetuity to the native territorial domain.
"Once such a title is issued, it will be treated as any title granted under the land code, and
the proprietary interest in that title would be indefeasible by virtue of section 132 of the land code,” he stressed.
Uggah assured that the Bill also seeks to resolve the problem arising from a Federal Court’s decision relating to the issuance of provisional leases to plantation companies and the reinstatement of section 5(2)(f) to relating to the creation of NCR land through other means.
"I would also like to state that the Bill re-affirms the principle of inclusiveness. In fact, it has been drafted in such a way so as to incorporate this principle. This is so because in Sarawak, we have more than 30 native groups, each with their own customs and culture,” he added.
He explained it is for that reason, the term "native territorial domain” is used rather than its equivalent, Pemakai Menoa (territorial domain) and Pulau Galau (communal forest reserves) for Iban, Cari Makan (foraging for food) for Malay and Tu’an (virgin forest) for Bidayuh.
Uggah also explained that usufructuary stated in the Bill is merely a process of claiming areas as territorial domain.
"After the usufructuary right is established, the territorial domain will then be given a native communal title which confers a propriteoary right on it.
"This is giving ownership of the native territorial domain to the community. In other words, they own the territorial domain, not just the right to use,” he said, hoping that his explanation will clear doubts on this issue.
The Land Code (Amendment) Bill 2018 was passed after section 6A(2) was amended to allow the native communities to claim up to 1,000 hectares of territorial domain from 500 hectares, subject to approval by the State Cabinet.
Section 6A(3) was also amended to free the native communities from paying land premium, rent or other charges upon acquiring title for their native territorial domain.
Thirty-five state lawmakers took part in the two-day debate on the amendment Bill.
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