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KUCHING: The long-awaited amendment to the land code supposed to define "pemakai menoa" (territorial domain) and & dquo; pulau galau & # 39; (communal forest reserve) will be deposited at the session of the Legislative Assembly of the State from 9 July 18.
The draft law on the land code (amendment) of 2018 does not mention the two terms Iban but seems to use the term "indigenous territorial domain" instead of the Ibanian term "pemakai menoa" for its inclusiveness. The government of Sarawak, in this bill presented yesterday by the Borneo Post, seeks to introduce two new sections and to amend five sections of the Land Code which all concern the ownership of the NCR. Among the changes that are attracting attention is the amendment to section 2 of the Land Code, which includes the definition of "aboriginal territorial domain".
According to the bill, the aboriginal territorial territory is defined as a zone or territory (a) within or near an area where indigenous customary rights have been created by the community in accordance with Article 5 and b) and where members of an indigenous community have, from a date prior to the first day of January 1958, exercised usufruct rights or retained by for these purposes: provided that such area or territory has not already been established in the communal forest under Part III of the Forest Ordinance, 2015.
Bill also proposes to define "usufruct rights" as the rights or privileges exercised or enjoyed by an aboriginal community in an aboriginal territorial territory to (a) search for food, including fishing and hunting; enjoy the rights or privileges that may be exercised by an indigenous community in a communal forest established under Part III of the Forest Ordinance 2015 or (c) carry out activities expressly authorized in the indigenous community title issued under of subsection 6A (3) or a permit issued under section 10 (3) but subject to the terms and conditions specified therein.
The proposed new sections to be introduced are section 6A – "aboriginal territorial territory" which, under subsection 1, provides that any aboriginal community may, in an aboriginal territorial domain, claim "rights to Usufruct "exercised and enjoyed by the members of this community.
In new section 6A, subsection 2, it is stated that any claim under subsection 1 must be made to the Superintendent (of the Lands and Surveys Service) in the form that the Director may provide with all the evidence in support of this claim.
This is always provided for any area claimed as native t
Subsection 3 states that if the Director approves the claim, the Superintendent issues an Aboriginal common title, describing the area as an Aboriginal territorial domain, which must be used exclusively by the native territory. community for agricultural purposes or for any other purpose approved by the "Majlis Mesyuarat Kerajaan Negeri" (Cabinet of State) and subject to other conditions that the Director may impose.
be issued in the name of a person or group of persons who must hold the aboriginal territorial domain in trust for the aboriginal community named in the aboriginal communal title in accordance with the rules set out below; be perpetual and not be assigned or transferred to a person who is not a member of the aboriginal community named therein.
Paragraph 4 states that in the case where the director rejects the application, any person aggrieved by his decision may days from the date on which the decision of the director is transmitted to him, appeal to the minister who must examine the application. ;call.
In subsection 5, it is stated that any question must arise as to whether a person is a member of the aboriginal community mentioned in the aboriginal communal title issued under paragraph 3, the person or the group of persons in whose name the Aboriginal title is issued refers it to the District Native Court for decision and that reference is instituted and dealt with in accordance with the rules established under the Native Court Ordinance.
Clause 6 states that any claim of an aboriginal territorial domain shall not be made or permitted in respect of any area or land where: Before On the coming into force of this article, there is a final decision by a court of competent jurisdiction that no usufructuary right has subsisted or been lost or abandoned by the members of the aboriginal community who have submitted this claim.
to introduce a new Section 209G, entitled "Power of Inquiry", permitting an official authorized by the Director of Lands to exercise all powers of the police in matters of lawful conduct. investigation of offenses under the Code of Criminal Procedure
. The Land Code (Amendment) Act, 2018, the three other bills to be tabled during the next sitting are the Draft Petroleum (Amendment) Bill, 2018; Supplementary Procurement (2017) Bill, 2018 and Supplementary Procurement (2018) Bill, 2018.
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