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Temporary Occupation Licence

Temporary Occupation Licence

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Categories:Types, Research, Law
Published by: Idham Lai Bin Abdullah on Jul 21, 2009
Copyright:Attribution Non-commercial

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05/11/2014

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1.0INTRODUCTION
Temporary occupation licence (TOL) is temporary validity for occupiying thegovernment or reserved land which had been permitted by the state localgovernment according to seksyen 65 National Land Code 1965 to individual, holdingor company. The period of time that had been given by the state local government is1 year which will be terminate on the 31st December each year. After 31stDecember, the land will be handed back to the State Local Government. Thereasons the TOL had been terminated is because of breach of condition and hadbeen given reparations payment. The Temporary occupation licence (TOL) must berenew anually. Temporary occupation licence (TOL) doesn’t give the right guaranteeto the licence holder to get land with government proprietory.
2.0THE APPLICATION OF TEMPORARY OCCUPATION LICENCE (TOL)
Application for the state land with
 
Temporary occupation licence (TOL) can be donein the situation state below:
i.
Temporary usage of the land. For example food stall, vegetation plantation,digging pond for fishery pond, assembles the bill board, nursery, stor, parkingand other temporary usage.ii.Government use the land for the long term project.
iii.
Any picking activity such as cocoa, coffee seed, or palm oil or rubber tappingon the government land on the state land. The Temporary occupation licence(TOL) had been permitted on a land that use for place the crops on thepermitted land. All at once, with the tapping right during the fruit season or aslong the rubber tree can be tap.
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3.0TERMS AND CONDITIONS OF TEMPORARY OCCUPATION LICENCE(TOL)
By virtue of section 67(1) and (2) and 68 of the National Land Code, everyTOL issued is subject to the following conditions:i.It will expire at the end of the year in which it commences unless it isfor the purpose of enabling any public exibition or entertainment to beheld (see also paragraph 2 below);ii.It should not be used for any purpose other than that stated in it;iii.It should not be used for the planting of permenant crops;iv.It should not be used for the erection of an permanant building or other permanant structure;v.It may be renewed anually;vi.It is not capable of assignment (see also paragraph 2 below);vii.It shall terminate in the event of the death of the person or thedissolution of the body whom it was issued;viii.It may be cancelled immediately, and without payment of compensationupon the breach of any provision to which it is subject; andix.It may be cancelled upon payment of compensation (to be agreed or determined in accordance with section 434 of the National Lnad Code)at any time before the date of expiry.The conditions as in paragraphs 1 and 1(vi) above could be different in theSLR specifies a different expiry date for a TOL and contains a provision for assignment. A licence may contain other conditions as prescribed in the SLR.As stated in section 68 of the NLC, a TOL issued to a body shall not terminateupon its dissolution in a situation as provided in section 416.
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4.0APPROVALS of TEMPORARY OCCUPATION LICENSE (TOL)
There are a few types how to approving an application of TOL. This licence is nottransferable or assignable in any manner whatsoever and must be produced ondemand to the Director of Lands and Surveys or any Collector or Assistant Collector of Land Revenue. The licensee shall comply with the reasonable requirements of any Government Health Officer. Among those who is involved are State Authority,Land Administrator, Land and Mineral and Executive Council.
4.1
Approvials By State Authority “Pihak Berkuasa Negeri” (PBN)
Land is under state authority power. Therefore, only state authority eligible toapprove the Temporary Occupation License (TOL). State authority canapprove a license or permit which is behave temporary for particular purposeand it was limited. In the other hand, state authority also can to end the periodof TOL.If State Authority experiences the land is necessary for future developmentand refuse to gift to anyone, then they can use TOL. This licence is for temporary use only. The example is;-
To farm supply not remain crop and seasonal crop;
Build the house or temporary type building or that can in change;
Public show as circus etc more.
4.2
Approvals By Land Administrator “Pentadbir Tanah Daerah” (PTD)
In this level, the Land Administrator will be managing to approve theapplication such as;a.Approving the applications from widow or child TOL holder who havedied.
To renew temporary occupation licence that has been approved andno condition violation.
Application Temporary Occupation Licence TOL for signboard,advertisement, performance public, religious, entertainment, circusand shed or stall.
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