1.

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INTRODUCTION

Temporary occupation licence (TOL) is temporary validity for occupiying the government or reserved land which had been permitted by the state local government according to seksyen 65 National Land Code 1965 to individual, holding or company. The period of time that had been given by the state local government is 1 year which will be terminate on the 31st December each year. After 31st December, the land will be handed back to the State Local Government. The reasons the TOL had been terminated is because of breach of condition and had been given reparations payment. The Temporary occupation licence (TOL) must be renew anually. Temporary occupation licence (TOL) doesn’t give the right guarantee to the licence holder to get land with government proprietory. 2.0 THE APPLICATION OF TEMPORARY OCCUPATION LICENCE (TOL)

Application for the state land with Temporary occupation licence (TOL) can be done in 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, parking and other temporary usage.

ii.
iii.

Government use the land for the long term project. Any picking activity such as cocoa, coffee seed, or palm oil or rubber tapping on 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 the permitted land. All at once, with the tapping right during the fruit season or as long the rubber tree can be tap.

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3.0

TERMS AND CONDITIONS OF TEMPORARY OCCUPATION LICENCE (TOL) By virtue of section 67(1) and (2) and 68 of the National Land Code, every TOL issued is subject to the following conditions: i. It will expire at the end of the year in which it commences unless it is for the purpose of enabling any public exibition or entertainment to be held (see also paragraph 2 below); ii. iii. iv. v. vi. vii. viii. ix. It should not be used for any purpose other than that stated in it; It should not be used for the planting of permenant crops; It should not be used for the erection of an permanant building or other permanant structure; It may be renewed anually; It is not capable of assignment (see also paragraph 2 below); It shall terminate in the event of the death of the person or the dissolution of the body whom it was issued; It may be cancelled immediately, and without payment of compensation upon the breach of any provision to which it is subject; and 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 the SLR 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 terminate upon its dissolution in a situation as provided in section 416.

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4.0

APPROVALS of TEMPORARY OCCUPATION LICENSE (TOL)

There are a few types how to approving an application of TOL. This licence is not transferable or assignable in any manner whatsoever and must be produced on demand 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 to approve the Temporary Occupation License (TOL). State authority can approve a license or permit which is behave temporary for particular purpose and it was limited. In the other hand, state authority also can to end the period of TOL. If State Authority experiences the land is necessary for future development and 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 the application such as; a. Approving the applications from widow or child TOL holder who have died. • • To renew temporary occupation licence that has been approved and no condition violation. Application Temporary Occupation Licence TOL for signboard, advertisement, performance public, religious, entertainment, circus and shed or stall.

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4.3 Approvals By Director of Land and Mineral “Pengarah Tanah dan Galian” (PTG) The Director of Land and Mineral also have their function about the TOL application such as; • Application Temporary Occupation Licence TOL for purpose to remove dregs seed such as mines stone, sand, iron rust and others. 4.4 Approvals By Executive Council “Majlis Mesyuarat Kerajaan” (MMK) The application to approving for Temporary Occupation Licence (TOL) by the Executive Council is about other application than those mentioned above.

5.0

PAYMENT OF TEMPORARY OCCUPATION LICENCE (TOL)

Payment for Application of TOL is RM10.00 for building site use. Meanwhile, there are about RM5.00 must be paid for TOL’s application which is use for agricultural. Payment for Amanah is 20% from value of crops by Land Administrator if “tapping right” or to collect fruits or rubber from the Government lands.

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5.1 Bil

Rate for Temporary Occupation Licence (TOL):Bandar RM (Setahun) Pekan RM (Setahun) RM30.00 Desa RM (Setahun)

Rumah Kediaman Setiap 1,000 kaki persegi atau 1 sebahagian daripadanya Tambahan setiap 1,000 kaki persegi atau sebahagian daripadanya Rumah Kedai/Restoran Setiap 1,000 kaki persegi atau 2 sebahagian daripadanya Tambahan setiap 1,000 kaki persegi atau sebahagian daripadanya dikenakan bayaran 3 4 5 6 tambahan Gerai Bengkel Bangsal Nursery Papan Iklan Setiap 1,000 kaki persegi atau sebahagian daripadanya Tambahan setiap 1,000 kaki persegi atau sebahagian daripadanya dikenakan bayaran 8 tambahan Setor Setiap 1,000 kaki persegi atau sebahagian daripadanya Tambahan setiap 1,000 kaki persegi atau sebahagian daripadanya dikenakan bayaran tambahan 9 10 Tempat Letak Kereta Pertunjukkan Awam

RM40.00

RM20.00

RM10.00

RM8.00

RM7.00

RM80.00

RM60.00

RM40.00

RM20.00

RM16.00

RM10.00

RM 40.00 RM100.00 RM50.00 RM100.00 RM40.00

RM20.00 RM50.00 RM25.00 RM100.00 RM30.00

RM10.00 RM25.00 RM15.00 RM100.00 RM20.00

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RM10.00

RM8.00

RM7.00

RM50.00

RM50.00

RM50.00

RM10.00

RM8.00

RM7.00

RM100.00 setahun bagi setiap 1,000 kaki persegi atau sebahagian daripadanya. RM50.00 RM50.00 RM50.00 sehari
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11 12 13 14 15 16 17 18 19 20

Pertunjukkan Awam untuk tujuan keagamaan Jeti Portable Sawmill Stokpile Jalan Kegunaan menangkap ikan di laut (Kelong) Jermal Tegok/Ambai Belat Pok Lain-lain Untuk Memungut Atau Memetik Buah-Buahan dan Menoreh Getah Durian tiap-tiap sepokok setahun Kelapa tiap-tiap sepokok setahun Getah tiap-tiap sepokok setahun Untuk Memungut Atau Memetik Buah-Buahan dan Menoreh Getah Kelapa sawit tiap-tiap sepokok setahun LPS di Tanah Lombong Untuk membuang hampas bijih

sehari RM10.00

sehari RM10.00

RM10.00 sehari

sehari sehari RM40.00 setahun bagi setiap 1,000 kaki persegi RM800.00 seekar setahun atau sebahagian daripadanya RM100.00 seekar setahun atau sebahagian daripadanya RM100.00 seekar setahun atau sebahagian daripadanya. RM50.00 - RM500.00 setahun RM50.00 - RM400.00 setahun RM50.00 - RM300.00 setahun RM50.00 - RM250.00 setahun RM50.00 - RM200.00 setahun

21 22 23

Tidak kurang daripada RM10.00 dan tidak lebih daripada RM50.00 RM5.00 Tidak kurang daripada RM1.00 dan tidak lebih daripada RM5.00

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Tidak kurang daripada RM5.00 dan tidak lebih RM20.00 RM 30.00 seekar setahun atau sebahagian darinya.

6.0

Government Roles For Temporary Occupation License

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Normally under section 65 TOL are controlled by State Authority. The State Authority is empowered to issue the Temporary Occupation License in respect of state land, mining land not for the time being used for the purposes of mining and reserved land not for the time being used for which it is reserved. There are two roles that played by government for Temporary Occupation License, such as restricted and permitted Purpose, for which otherwise the occupant would have become a trespasser, an illegal squatter and if not for the permission. 6.1 Restricted and Permitted Purpose

For the restricted and permitted purpose it refers to the state authority are the authorities that have a responsibility to renew the grant of TOL. The Temporary of license will be renewed maximum of three times by land administrator. State authority are prescribed a permit to extract and remove material but in the normal TOL it may issued for a maximum term of five years or even longer. Based on the section 68 expressly provides that TOL shall not be capable of assignment and that every TOL shall terminate on the death of the holder or in the case of a corporation upon its dissolution. For the restricted purpose state authority also have a power to make sure the condition of the granted license for Temporary occupant license are followed before get the Temporary occupant license. 6.2 Occupant Would Have Become a Trespasser.

The State authority also have the responsibility to transfer the holder of the TOL to another holder during the original holder still alive but if the owner of TOL are died and they are not transfer the TOL holder during their lifetime, the State authority are responsible to make sure the grant are not using yet, and take off that grant, to make sure there is no people leave as a squatters. 6.3 Implementing And Monitoring The TOL

State authority also have a responsibility to make sure there is no squatters and for illegal occupant. Such as make sure there is no un registered license and un-renewed TOL. In section 65(1) of the National Land Code specifies
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that the state Authority may permitted the temporary occupation under license in respect of any of the following lands such as state land, mining land not for the time being used for purpose of mining and reserved land not for the time being used for purposes for which it was reserved.

7.0

TOL APPLICATION PROCESS

There are 2 application processes: a. For TOL to use state land for stated purposes. b. To collect or pick fruits or rubber tapping on state land. Supplicant has to fill up the form of land application ‘Juru surih’ will check the record in settlement department to make sure the requested land is still state land

District Land Administrator (PTD) will make decision to approve or not the form of application If the application is approved, the supplicant has to submit the application using land application form

The application will be check to ensure the completeness of information and document.
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The Settlement Administration do site visit, make a report, provide plan and transfer to the Administrator’s Officer of District Land (PPTD)

PTD/PPTD ask for commentary from these department : Majlis Daerah/Perbandaran/Bandaraya Jabatan Perancang Bandar dan Desa Negeri Jabatan Kerja Raya (JKR) Others department are related

If the approvement is under PTD’s control, PTD will make the decision after receive the comments from others department. If the approvement is under MMK’s control, PTD will provide the letter to the Administrator of PTG (Pejabat Tanah & Galian). If the approvement is under PTD’s control, PTD will make the decision after receive the comments from others department. If the approvement is under MMK’s control, PTD will provide the letter to the Administrator of PTG (Pejabat Tanah & Galian). The application is present in meeting of ‘Jawatankuasa Hasil Bumi’ by The reporter sends the decisionMMK PTG and transfer to of MMK to PTG PTG sends the decision to PTD

PTD inform the decision to supplicant. If the application are approve, the supplicant need to pay the fee.

The supplicant receives TOL after pay the fee.

At the end of the year, the supplicant needs to submit the TOL renew application at Land Office.

9.0

Sources and Refferences

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Abdul Aziz Husin, Lesen Pendudukan Sementara Lesen Pendudukan Sementara, Majlis Daerah Rembau, www.ns.gov.my Salleh Buang (1987), Temporary Occupation License Some Proposals for Reform

Appendix:
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TOL Forms

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