OPPOSITION OBJECTS TO LAND ACQUISITION ORDINANCE (CAP 69) AMENDMENT

Opposition objects to Land Acquisition Ordinance (Cap 69) amendment

March 29, 2012: THE new amendment to be introduced to the Land Acquisition Ordinance (Cap 69) is not well received by the opposition who said the new law would provide a loophole that could be exploited to rob the people of their lands.

Melanie Chia Chui Ket (SAPP-Luyang) in objecting against the amendment, said a land which acquisition had been revoked should be returned to its original owner or immediate relatives.

However, she pointed out, the new amendment states that the land can revert to either the “owner” or “the person interested in the land”, which could be anybody as there were no definition given on who that “person” should be.

“Our objection is that it should not be given to somebody else… you should not have the terms “person interested” without explaining who that is, or how the transfer of land should be done.

“By right, the land should be given back to its rightful owner, or if they are no longer around, to the immediate heir. It may be a simple amendment that you think that there is nothing to it, but a simple term could have big meaning and repercussion,” she told reporters when met outside the Dewan.

Melanie and two others, namely Datuk Liew Teck Chan (SAPP-Likas) and Jimmy Wong Sze Phin (DAP-Sri Tanjung), earlier walked out of the Assembly Sitting in protest to a decision by Deputy Speaker Datuk Johnny Mositun not to allow them to debate the bill on the amendment.

The three who called for two separate press conferences after the sitting, accused the deputy speaker of failing to uphold the constitutional procedure of the Dewan by denying them their rights to debate.

Johnny denied Jimmy’s request, reasoning the latter did not stand up when the representatives were called to debate before the Dewan proceeded to the second reading of the bill.

“Yang Berhormat should have stood up before the second reading was called, but you did not and now it is too late and the speaker’s decision is final. We shall proceed,” he said.

Melanie, who also wanted to debate the amendment, said Jimmy had actually stood up but the deputy speaker did not look at him before calling for the second reading to have the bill approved.

The bill was to allow for a new section to be inserted after Section 10 of the Land Acquisition Ordinance, to empower the Yang di-Pertua Negeri to revoke the acquisition of any land which has been acquired compulsorily under Section 3.

Assistant Minister to the Chief Minister Datuk Datu Nasrun Datu Mansur in tabling the bill, said the amendment was needed as currently there were no provision to allow the land acquired to be returned to its owner in case the government could not develop it in accordance with the purpose of the acquisition.

“The law states that any land acquired can only be used for the purpose for which the land was acquired. But in case if the land can not be used for the original purpose due to changes in policy, it can not be returned to its owner.

“The absence of the needed provision does not benefit both the government and the owner as the land could not be used further,” he said, adding that the inclusion of the new section would standardize the state’s land acquisition laws with Peninsular Malaysia and Sarawak.

The bill was passed without any debate.

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7,024 hectares of forest reserves reclassified for natives

March 29, 2012: THOUSANDS of hectares of forest reserves will be reclassified to allow them to be used for agricultural and residential purposes by the natives.

This was made possible after the State Assembly yesterday unanimously approved a bill to amend the Forest (Constitution of Forest and Amendment) Enacment 1984 to exclude a total of 7,024 hectares from several forest reserves.

Assistant Minister to the Chief Minister Datuk Radin Malleh in tabling the bill said it includes 1,048 hectares in the Ulu Telupid Class I (Protection) Reserve, which will pave the way for future issuance of communal title to the local people residing in the area.

“This area has to be excluded from the reserve as it has been used by the locals for agricultural and residential purposes, badly degraded and no longer suitable for forest reserve,” he said.

Also to be opened are 260 hectares in Lipaso Class I Forest Reserve and 2,900 hectares in Kuala Tomani Class II (Commercial) Forest Reserve, where at least 10 native villages are located.

The amendment will also see an area of 1,012 hectares in Sook Class IV (Amenity) Forest Reserve cleared for the construction of the proposed new UiTM Campus.

Radin said that for this purpose the state government would have to provide a compensation of RM2.96 billion and a replacement land of 2,000 hectares to Hybrid Plantation Sdn Bhd, the long-term license holder for the land involved.

“This will also include 796 hectares within the Tawau Class V (Mangrove) Forest Reserve, involving lands that had been given title before the reserve was gazetted, such as villages and timber processing factories.

“The exclusion of these lands is expected to resolve the land disputes that have been going on for a very long time in the area.

“An area of 1,008 hectares in Mengalong Class VI (VJR) Reserve will also be excluded, for the implementation of the Petrochemical Gas Complex project under the Sabah Oil and Gas Industrial Park (SOGIP),” he added.

Radin also informed that the government has identified 15 pieces of state land with a combined area of over 9,544 hectares to replace the converted forest reserves.

In addition, five areas in several other existing Class II forest reserves would also be reclassified to Class I (Protection), to better suit their significant roles and functions.

“An area of 54,760 hectares within the Lahad Datu part of Ulu Segama Reserve will be reclassified to Class I and renamed as Mount Louisa Reserve.

“Also to be reclassified to Class I is an area of 6,688 hectares within the Sepulut and Kalabakan reserves, which will be known as Mengilan Reserve,” he said.

Other reserves that have been identified were Maliau Buffer Zone I in the Tibow district where 46,603 hectares will be upgraded into Class I, as well as two other areas in Ulu Segama with a total area of 21,158 hectares.

Radin said the land swap and reclassification exercise would be carried out in stages, and at the end of it the total area of permanent forest reserves would be increased from 3.606 million hectares to 3.609 million hectares.