NCR
Land Transformation
The root of the Land Administration
in Sarawak was mooted way back during the era of the White Rajahs from 1841 to
1946, the British Colony from 1946 to 1963 and currently the Federation of
Malaysia from 1963 up to the present date.
Rights of the natives of Sarawak
to their native customary lands have always been recognized and protected. The Sarawak Land Code (Cap. 81,), which incorporated
the previous Land Ordinance, Land Settlement Ordinance and Land (Classification) Ordinance also
re-enforced the protection of Native Customary Rights.
In the context of the Land Code (Cap.
81) Native Customary Land is defined as (a) land in which native customary
rights, whether communal or otherwise, have lawfully been created prior to the
1st day of January, 1958, and still subsist as such; (b) land from time to time
comprised in a reserve to which section 6 applies; and (c) Interior Area Land
upon which native customary rights have been lawfully created pursuant to a
permit under section 10. Under section 5
(1) of the Land Code, NCR can be created over Interior Area Land after 1.1.1958
if a permit is obtained under section 10 whilst section 5(2) provides the
methods by which NCR may be acquired by the felling of the virgin jungle and
the occupation of the land thereby cleared, the planting of land with fruit
trees, the occupation or cultivation of land , the use of land for a burial
ground or shrine, the use of land of any class for rights of way, or for any
other lawful method. This last residuary
category was often misinterpreted and was deleted from the law in 2000 but is
yet to become effective. Again NCR must
exist before 1.1.1958 to come under this protection under section 5(ii).
One of the principle objectives of
the State Government of Sarawak is to improve the current social and economic
standing of the people, especially those still economically left behind in the
rural areas, through the development of their Native Customary Land. The Government has decided that there is no
other way to transform the landscape of Sarawak into a viable economy but to
develop the NCR land in the State, estimated to be 1.5 million hectares into a
commercial and viable holdings. It is
through this mean that the NCR land becomes ultimately productive and
profitable. It is also through this mean
that employment, business and other opportunities are created for the rural
dwellers.
Not too long ago, NCR land is largely
under-developed or not developed at all and the owners of such land generally
do not have the means and abilities to go commercial with their land thus still
remaining poor and economically handicapped.
The most practical and positive choice is for the State Government,
through its land development agencies in collaboration with the potential
Government approved private sector groups, to bring about capital, expertise
and modern management in the commercial development of NCR land, with a view to
ultimately reap maximum gains and benefits.
This concept, of course needs the concurrence and participation of the
NCR land owners.
This revolutionary concept requires
the transformation of the basic attitude of the NCR land owners. They need to change from one utilizing their
land uphazardly and unproductively into one which is highly commercialised and
modern. This will also entail the
formulation of a viable strategy to surge forward to transform the landscape of
Sarawak into a viable and sustainable economy.
This concept will bring tremendous benefits to all. If this is anything to go by then the NCR
land, once fully planted with suitable cash crop such as the oil-palm on large
scale and plantation basis and managed by Government appointed private sector
entrepreneurs, will definitely transform the landscape of Sarawak beyond what
our great grandfathers have ever dream of before.
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