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TRP556 PLANNING LAW

SARAWAK LAND CODE AND SABAH ORDINANCE

LAWS OF SARAWAK LAND CODE (CHAPTER 81) AND SABAH TOWN AND
COUNTRY PLANNING ORDINANCE (CAP 141)

1.0

INTRODUCTION

In Malaysia, there are a number of laws that are implemented in various aspects
such as development, crime, environmental, social, economy and many more. These
type of laws are not only used to control the respectively aspects, but it also used to
explain the committee of law, the terms and regulations, law enforcement and many
more. One of the laws that are very important to be implementing in Malaysia is
about the development control. The example of laws that enforcing about the
development is Act 171 National Land Code, Act 172 Town and Country Planning,
Constitution of Malaysia and many more Act.
In town planning perspective, the main law that been implemented is Act 172 Town
and Country Planning. The Town and Country Planning Act 172 is been used as a
guidance and enforcement for all level of local governments, local authorities and
also for a Department of Town and Country Planning (Jabatan Perancangan Bandar
dan Desa, JPBD). However, this act is only implementing in Peninsular of Malaysia.
All of state in Malaysia is following the Act 172 except for State of Sabah and
Sarawak. It is because both of the states are already have their rules and regulations
about the development planning that are implemented in their own laws.
For State of Sarawak, the law of development plan and control is on Land Code
(Chapter 81) Laws of Sarawak. The law had been enacted in 1958 to covers all of
land code in Sarawak State. For State of Sabah, the law of development plan and
control is on The Town and Country Planning Ordinance (Cap 141). This ordinance
had been enacted in 1950.
Logically, if the laws of Act are differently been enforced in some area, there will be a
difference of their regulations, law enforcement, organizations and many more. In
this report, the Laws of Sarawak, Sabah and Peninsular of Malaysia will be compiled
to identify the differences between the Laws that are respectively implemented in
that region.
2.0

DIFFERENCES BASED ON BASIC LAW COMPONENTS


2.1

Sarawak

The law of development plan and control is on Land Code (Chapter 81) Laws
of Sarawak. The law had been enacted in 1958 to covers all of land code in
Sarawak State. Basically, the Sarawak Land Code (Chapter 81) had been
prepared by Human Resource Management, Department of Sarawak Head
Minister. The Sarawak Land Code consist 10 parts and more than 248
sections. The Ordinance (Land Code) is provided to make a better provision
in the law relating to land in Sarawak.

TRP556 PLANNING LAW


SARAWAK LAND CODE AND SABAH ORDINANCE

2.1.1 Organization and Administration


The planning system in Sarawak state is clearly different to Peninsular
Malaysia. It is because Sarawak is practicing the legal system of land
development differently from other states. According to the Land Code in
section 3 under subsection (1),
This code shall be administered by a Director of Land and
Survey who shall be assisted by such number of Deputy Directors,
Assistant Directors, Superintendents, Assistant Superintendents,
Settlement Officers, Assistant Settlement Officers, Registrars and
Assistant Registrars and Surveyor as the Ministry may appoint
a. State Planning Authorities
In a main provision of Part X, Chapter A50, Land Code (Amendment)
Ordinance 1997 is the establishment of State Planning Authority. The main
function of State Planning Authority is to plan, arrange and control the
development and land use and buildings in Sarawak. The members of the
authority are stated below;
a) Minister as Chairman;
b) State Secretary as Deputy Chairman;
c) Other Members:
i.
Permanent Secretary to the Ministry for Resource Planning as the
Secretary of State Planning Authority
ii.
Director of Land and Survey
iii.
Not more than 3 other members that been elected by Minister,
whereas two of them is Government Officers
b. Department of Land and Surveys
The Department of Land and Survey is under the Ministry of Planning and
Resource Management has a responsibility in land administration and
statutory law. The main role of this department is to implement the land
management in Sarawak. One of the branches in this department is Town and
Country Planning Branch, a branch that are importance to plan, drafting
policy/strategy, shaping the development pattern and implementing every
development to be integrate and comprehensive.
2.1.2 Development Plan
According to Sarawak Land Code (Cap.81), there are three types of
development plan which are Structure Plan, Local Plan and Rural Growth
Centre (RGC). The development plan is under responsible of Department of
Land and Survey.
a. Structure Plan
The Structure Plan provides the basis for controls on the development and
land use in a region or area. The plan guides the general zones of land use
such as commercial, residential, government establishments, educational,
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TRP556 PLANNING LAW


SARAWAK LAND CODE AND SABAH ORDINANCE

industrial, recreational, parks and open space, government reserves, major


roads and many more land uses. The plan should be capable to
accommodate and adapt as conditions change and new opportunities occur.
According to Sarawak Land Code in Part X, a structure plan shall consist of;
a)
a written statement formulating policy and general proposals of the
State Planning Authority in respect of the development and other use of land
of a town, city or region including measures for the improvement of physical
environment and management of traffic;
b)
a map or plan showing the general proposals for development or land
use for the area intended to be covered by the plan; and
c)
such illustrations or other descriptive matter as the Authority thinks
appropriate to explain or illustrate the general proposal in the plan;
The Example of Structure Plan in Sarawak is Long Lama Structure Plan,
Selangau Structure Plan, Mukah Structure Plan, Betong Structure Plan, Song
Structure Plan and Igan Structure Plan.
b. Local Plan
The Local Plan in Sarawak is been used to serve as a guidelines for
development control as well as the setting out of a more detailed layout for the
development of an area of a town. The Local plan shows more detailed land
use zones, reserves area such as road, open space and public utilities, and
land use classification. The examples of Local Plan in Sarawak are AwatAwat Local Plan, Kuala Balingian Local Plan and Santubong Local Plan.
According to Sarawak Land Code in Part X, a local plan shall consist of;
a)
a written statement formulating in such detail as the State Planning
Authority thinks appropriate for the proposed development and other use of
land in a particular area, or for any description of development or other use of
such land, in that area, including such measures as the Authority thinks fit for
the improvement of the physical environment and the management of the
traffic;
b)
a map or plan showing the proposal for development or land use for
the area; and
c)
such diagrams, illustrations or other descriptive matter as the
Authority thinks appropriate to explain or illustrate the proposals in the plan;

TRP556 PLANNING LAW


SARAWAK LAND CODE AND SABAH ORDINANCE

Detail Land Use Classifications are shown in Table 2.1 below;


Table 2.1: Detail of Land Use in Sarawak Local Plan
Land Use
Details
Commercial Zones Lock-up shops, hawker stalls, market, tamu,
bus terminal, shop houses, etc.
Residential Zones Low cost houses, flat, apartment, terrace
houses, semi detached, bungalow houses, etc.
Reserves
Government reserves, open spaces, town
square, road, pedestrian walkways, forest, etc.
c. Rural Growth Centre
Rural Growth Centre (RGC) is the current Sarawak plans for rural
development strategy, aimed at stimulating the economic growth in the rural
areas. In Sarawak, the role of implementing this strategy is also undertaken
by the Ministry of Rural Development. Among the components of the strategy
is to get the establishment of service centers to provide various facilities and
services to the community in any of the RGCs. The example of RGC Plans
prepared in Sarawak state is Padawan RGC (Kuching), Mid - Layar / Nanga
Spak RGC (Betong Division), Long Lama (Miri Division) and Kampung Semup
Service Centre (Mukah Divison)
2.1.3 Planning Control
The development planning control is currently being managed by Land and
Survey Department. The responsibility of planning control on Planning
Branchs Development Control Section is to make a process application for
planning approval and development of land and buildings in Sarawak.
The functions of Planning Branch is to make a process of application for the
subdivision of land, process of application for the variation of title conditions
(AVTC) without subdivisions, process of application for the (AVTC),
Subdivision, Development of land and / or building, processing certain
categories of building plans and processing of application for depositing of
survey plans.
For the planning approval, any approval of subdivision and/or development of
land and/or building which has been given either by;
i.
ii.

State Planning Authority; or


The Director of Land and Survey Department

According to section 229 (1) and (2) in Part X of Sarawak Land Code, the
functions of State Planning Authority shall be;

Planning, regulate and control the development.


Consider and approving terms and conditions of plan for the sub-division
and land development

TRP556 PLANNING LAW


SARAWAK LAND CODE AND SABAH ORDINANCE

Determining the lo0cation of government buildings, public utilities and


facilities, sitting of new towns, villages and areas for settlement and
resettlement of people.
Formulate policy and guidelines to local authorities
Formulate policy and plans for the development and re-development of
any area, including formulation of structure plan and local plan.
Perform other functions as Majlis Kerajaan Negeri may assign to it.

Applying for Subdivision or / and Development of land or / and Building


Submission of planning approval - made in writing to the Superintendent of
Land and Surveys for division except Bintulu.
Planning Approval Requirements
Under section 227, any development of land or buildings must follow;

Subdivision or Amalgamation of Development


Any changes in land use / building
Application for temporary use of land use / building

Subdivision / Development Process


Submission of application
Approval of application

Applicant

State Planning Authority

Submission of subdivision plans and engineering plans


Approval of subdivision plans and engineering plans
Field survey and construction for engineering work
Approval of survey plan

Applicant

Land and Survey

Applicant

Land and Survey

Deposing of survey plans / approval of T&C


Issuance of new subdivided land titles

Land and Survey

Land and Survey

TRP556 PLANNING LAW


SARAWAK LAND CODE AND SABAH ORDINANCE

2.2

Sabah

The law of development plan and control is on Sabah Town and Country
Planning Ordinance (Cap 141). The law had been enacted in 1950 to covers
all of land code in Sabah State. The Sabah Ordinance consist 6 parts and
more than 35 sections. The Ordinance (Cap 141) is provided to make a better
provision in the law relating to land in Sabah.

2.2.1 Organization and Administration


According to Sabah Ordinance (Cap 141), it clarifies that any aspect that
related with the field of town planning is under the jurisdiction of the
Department of Town and Regional Planning Sabah which has the following
functions:
a)
b)

c)

d)
e)

f)
g)
h)
i)

Technical advisor and chief executive officer of Central Board


Interpreting the policies of national, state, regional and local to the
physical plans (Structure Plans, Local Plans, the Comprehensive
Development Plan)
To advice the State Government and Local Authority, government
agencies and private companies in all matters relating to town and
country planning
To advise the Local Authorities on the preparation of draft schemes,
plans and standards of development control plans
Formulate policies, plans and design standards for adoption related
and implemented by the local authority, government agencies and
relevant private sector
To advise the Government on the selection of consultants to make
studies related to planning consultant
To advise the Local Authority and other government agencies in
providing planning and landscape works
Playing role as secretariat and the key technical advisor to the
Central Board of Town and Regional Planning
Review the plan and design standards from time to time

This Town and Regional Planning Department consists of a number


responsible people such as the director and assisted by deputy directors and
is divided into two main departments which are administration and accounts
department and the technical department is shown below;
a)

b)

Administration and Account Department


i.
Responsible for administrative department
ii.
Manage the internal administration
Technical Department
i.
Interim Planning Division
a.
Divided into four units which is Local Plan Unit, Structure
Plan Unit, Survey Unit and Training Unit
ii.
Development Control and Planning Standards
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SARAWAK LAND CODE AND SABAH ORDINANCE

a.

iii.

iv.

v.

Process and consider applications for land, the zoning


and subdivision of land, development plans and building
plans
The Central Board of Urban and Regional Planning
a.
Secretariat and liaison between the center of Town and
Regional Planning with the local authority
b.
Consider all the schemes adopted from Local Authority
c.
Provide support for the scheme, which received to Yang
Di-Pertua Negeri
d.
To provide advice to the Yang Di-Pertua Negeri in
respect of land development in the state
e.
Direct and control the local authority with respect to the
jurisdiction of the Town and Country Planning Ordinance
(Cap 141)
The Drawing Office
a.
Prepare a base map for planning purposes the entire
country
b.
Involved in residential and industrial layout plan in the
development of new towns
The Art of Landscape and Garden
a.
Assist the State Government, Federal Government and
other agencies in the work of landscape
b.
Assist the local authority to establish a nursery for the
purpose of beautification

2.2.2 Development Plan


According to the Town and Country Planning Ordinance (Cap 141), the
development plan in Sabah can be divided into three different level which are
Structure Plans, Local Plans and Action Area Plans that are under
responsible of Department of Town and Regional Planning Sabah.
Structure Plan
According to Sabah Cap 141, the Structure Plan in Sabah are a report
containing a number of things such as maps, numeric data, statistics,
prognoses, guideline, policy frameworks and explanatory text. The
preparation of structure plan is based on several objectives, such as:
a)
b)
c)
d)
e)

Driving urban development


To ensure the development is in accordance with the administrative
and consistency in the long term
Ensuring a balance between the development of the developing area
with hinterland
Give directions for physical development
To provide a policy and action to be taken with respect to land use,
land for investment projects and issues related to the physical
development

TRP556 PLANNING LAW


SARAWAK LAND CODE AND SABAH ORDINANCE

Local Plan
According to Sabah Cap 141, the Local Plan refers to any such plan is in
accordance with the laws that will provided by Local Authority. Local Plans are
produced to meet the development plan for the area of the scale between
1:5,000 to 1:10,000. The purposes of the Local Plan are:
a)

b)
c)

Provide an alternative development based on specific policies that


related with types of development such as new development,
redevelopment, preservation, and the action
To provide a basis for planning control
Provide information to the public in respect of planning issues

Action Area Plan


According to Sabah Cap 141, Action Area Plan (AAP) is a plan that more
detailed compared to the local plan. It covers the area of the scale of 1:2,000.
The AAP are prepared by the Department of Town and Regional Planning
Sabah along with the Structure Plan. The preparation of an AAP is intended to
be an alternative to solve problems of planning and development in some
area. The preparation is also to conduct an intensive change for the region, in
a short period of time. This plan is suitable for the development of a major
development potential. The AAP also has no fixed time frame.
2.2.3 Planning Control
According to Sabah Cap 141, the approval of planning permission is by Local
Authority. After the planning permission is granted, it allows the person to
carry out development in accordance with the approved plans and conditions.
The requirement of planning permission in the development is based on
several factors. The factors are lead to help Local Authority in;
a)
b)
c)
d)
e)
f)

Regulate, control and plan development.


Ensure that all development and land use by individuals and
developers will be proper and do not cause problems.
Ensure that the new development is within the desired level for
habitation.
Consider all matters required for effective planning before a planning
permission is granted to any proposed development.
Take into consideration in particular the Structure Plan.
Ensure that the proposed development has proper access and
complies with all the terms and conditions of the land title in addition to
all the requirements of the other laws.

The demand of planning permission from Local Authority is based on a


process that was specified in Sabah Cap 141. This process is referred as the
following;

TRP556 PLANNING LAW


SARAWAK LAND CODE AND SABAH ORDINANCE

a)

b)
c)
d)

e)

Preparation of the basic requirements for an application for planning


permission such as planning permission form site, location plan, valid
documents pertaining to land title and sixteen copies of development
proposal report
Submitted to Local Authority
The document and plan will be notified if there has any amendments
and corrections to be made before the application can be approve
If the proposal has some amendments and correction, it should be
done within one month. If not resubmitted within one month, the
application shall be deemed to have been withdrawn.
Planning permission will only be granted if an application for planning
permission approved by the Local Authority

If planning permission has been granted from the Local Authority, the
development must be carried out within 24 months. If no development has
been done in that period, the individual or the developer may request the
extension of planning permission before the end of the period for which
planning permission that has been granted.
Consideration of some matters should be taken into account when planning
permission is granted. This is because a development cannot be undertaken if
there is no approval for other requirements such as:
a)
b)
c)
d)
e)
f)
g)

3.0

Subdivision plan (if necessary)


Building plan and permission to commence construction and building
works under the Building By Law 1951
Earthworks plan
Road and drainage plan for construction of roads and drains
Sewerage plan
Landscape plan
License for industries, commercial, food establishment and others to
commence activities

SUMMARIZE AND CONCLUSION

For overall summarize, there are a clear differences in Planning Laws and
Regulations between Sabah and Sarawak Laws and Peninsular Malaysia. The
differences can be seen in the implementation of Act / Enactment / Ordinance of
each state, whereas the terms and regulations of planning administration, the
organization board, planning permission, development control and development plan
have their own ways to manage and supervising the land in respectively states.
Although each states have their own rules of development plan, it has one same
reason for the future that is to create a sustainable development, controlling the
development in urban areas, enforcement in environmental issues and many more.
In other perspective, although the rules in Sabah, Sarawak and Peninsular Malaysia
are totally different, the needs of development planning are needed to ensure that
the planning will remain positive and sustainable.
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SARAWAK LAND CODE AND SABAH ORDINANCE

Comparison of Act 172 Town and Country Planning,


Sarawak Land Code (Cap 81) and
Sabah Town and Country Planning Ordinance (Cap 141)
Elements

1. Years of
Enact
2. Parts

3. Board of
Directors

4.
Responsibility

5.
Development
Plan

Act 172
Town and Country
Planning
(1976)
1976

Land Code Chapter 81


Laws of Sarawak
(1958)

I. Preliminary
II. Policy and
Administration
IIA. Committee of
Regional Planner
IIB. National Physical
Plan (RFN)
III. Development Plan
IV. Planning Control
V. Development Charge
VA. Tree Preservation
Order
VI. Board of Appeal
VII. Notice of Land
Purchase and Land
Acquisition
VIII. Development Area
IX. Miscellaneous
Majlis Perancang Fizikal
Negara (MPFN)
(Bhg. II, seksyen 2A, Act
172)
Head Director of
Department of Town
and Country Planning
(JPBD)
(Bhg II, seksyen 2B, Act
172 )
National Physical
Plan (RFN)
State Structure
Plan (RSN)
District Local Plan
(RTD)
Special Area Plan
(RKK)

I. Short Title,
Interpretation and
Administration
II. Land Classification
and Division
III. State Land and The
Alienation Thereof
IV. Resumption of
Alienated Land
V. Settlement
VI. Survey
VII. Registration
VIII. Offence and
Sanctions
IX. Arbitration and
Miscellaneous
X. Development and
Sub-Division of Land
Sarawak State Planning
Authorities
(Part X, Chapter A50,
Land Code 81)
Town and Country
Planning Branch,
Department of Land and
Survey
(Part I, section 3(1))

Cap 141
Town and Country
Planning Ordinance
Sabah (1950)
1950

1958

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Structure Plan
Local Plan
Rural Growth
Centre

I. Preliminary
II. Preparation and
Approval of Schemes
III. Interim Development
of Plan
IV. Content and Effects
of Approved Schemes
V. Compensation
VI. Miscellaneous

Central Board of Town


and Regional Planning

Town and Regional


Planning Sabah

Structure Plan
Local Plan
Action Area Plan