LAND-DEVELOPMENT-PROCESS-IN-MALAYSIA

LAND-DEVELOPMENT-PROCESS-IN-MALAYSIA - LAND DEVELOPMENT...

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LAND DEVELOPMENT PROCESS IN MALAYSIA Looking from the Malaysian land administrative perspective, land development in Malaysia simply means the change of original use of any alienated land that effects its restriction in interest, express conditions and category of land use as opposed to what has been earlier approved by the State Authority upon alienation (Abd Kadir Al-Haj, 1995). Interestingly, land development is no where mentioned under the National Land Code (NLC) which is the governing code for land administration in Malaysia. Under the Code, land development however takes place in one or more of the following forms:- (a) Variation of conditions, restrictions and categories (Section 124) (b) Sub-division (Sections 135 – 139) (c) Partition (Sections 140 – 145) (d) Amalgamation (Sections 146 - 150) (e) Simultaneous applications for sub-division and variation of conditions, restrictions and categories (Section 124A), and (f) Surrender and re-alienation - special provisions (Sections 204A – 204H) Thus, in cases where the land chosen or acquired for the purpose of development is still in its agriculture status, the application for the conversion (to building or industrial status), sub-division, partition or amalgamation of land, wherever applicable, must be obtained first before any actual development can take place. In Malaysia, there have been regular occurrences in the past whereby decision for land development was initiated by the government especially if it is recognized that development of certain land not necessarily idle or under-developed, is essential in fulfilling certain urban planning policies of the government. Two good examples are the acquisition of urban land for the light rail transit project and the acquisition of mainly estate land for the Putrajaya development. In some cases however, even though the government initiates the development plan which may involve acquisition of private-
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owned land, the implementation of the actual development is still usually offered to private developers. The stages involved in land development for this instance whereby the state government played the role as the initiator and the role of the developer was taken by a private entity. Property Development and the Need For Re-development Closely related to the term “Land Development” is the term “Property Development”. There are various definitions by scholars on the term ‘Property Development’. The one that best encapsulates its meaning and processes involved is given as follows: Property development is a process that involves changing or intensifying the use of land to produce buildings for occupation. Property development is an exciting, at times frustrating, complex activity involving the use of scarce resources. It is a high risk activity which often involves large sums of money tied up in the production process, providing a product which is relatively indivisible. The performances of the economy, at both national and local levels, directly influence the process.
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