Native Customary Land in Sarawak
Q: What is Native Customary Land (NCL)?
A: NCL refers to land that has been used or occupied by Sarawak’s native communities under customary law, typically for farming, hunting, and other traditional activities. It is legally recognized under the Sarawak Land Code and is meant to be owned only by natives.
Q: Who qualifies as a native in Sarawak?
A: A native in Sarawak is a person who belongs to any of the indigenous ethnic groups of Sarawak, including but not limited to Iban, Bidayuh, Orang Ulu, or Malay, as defined under the Sarawak Interpretation Ordinance.
Q: Can non-natives own or buy Native Customary Land?
A: No, non-natives, including Malaysians from other states, cannot own, purchase, or acquire Native Customary Land in Sarawak. NCL ownership is restricted to natives only.
Q: How can a native apply for ownership of Native Customary Land?
A: A native can apply for ownership by submitting a claim to the Land and Survey Department in Sarawak. They need to provide evidence that the land has been used under customary rights, such as through farming or occupation. The department will assess the claim before issuing a title.
Q: What is the difference between Native Area Land (NAL) and Native Communal Reserve Land (NCR)?
A: NAL is land cultivated or occupied by native individuals and can be owned with an official title. NCR is communal land reserved for the shared use of native groups, and it is not usually owned by any single person but is used by the community for traditional purposes.
Q: Can Native Customary Land be sold or transferred?
A: NCL can be sold or transferred, but only to other natives of Sarawak. Non-natives are prohibited from owning or acquiring NCL, so transactions must stay within the native community.
Q: What legal protection does Native Customary Land have?
A: Native Customary Land is protected under the Sarawak Land Code, and natives have the right to apply for legal recognition and title over their land. Recent amendments to the law have strengthened these protections, especially with the introduction of the Native Territorial Domain (NTD) concept.
Q: What is Native Territorial Domain (NTD)?
A: Native Territorial Domain (NTD) is a legal recognition of native claims over larger areas of land traditionally used for communal purposes, such as hunting, fishing, or religious ceremonies. The 2018 amendment to the Sarawak Land Code allows for the issuance of a title for NTD, granting stronger protection for these ancestral lands.
Q: What challenges are commonly faced by natives in securing land titles?
A: Natives often face challenges in proving customary rights due to a lack of formal documentation, competing claims over land, and delays in processing applications by the Land and Survey Department. Legal assistance is often required.
Q: Can Native Customary Land be developed for commercial purposes?
A: Yes, NCL can be developed for commercial purposes, but such development must comply with Sarawak’s laws and regulations. It is essential that native rights are respected, and any commercial use of NCL must benefit the native community, either through joint ventures or fair compensation.
Summary
Native Customary Land:-
• Restricted Ownership: Only natives of Sarawak can own NCL. Non-natives, including Malaysians from other states, are prohibited from acquiring NCL.
• Traditional Use: NCL is often used for subsistence farming, cultural practices, and communal activities. The land may be passed down through generations within native families.
• Application for Title: Natives who have cultivated or occupied land under customary rights can apply for an official title through the Sarawak Land and Survey Department. This formalizes their ownership and provides legal protection.
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