QUOTE(dunsuntutmybuntut @ Feb 18 2010, 05:07 PM)
According to the '1GP' i have... agriland proposed for BH development will have to be converted to 'building'/bangunan land.
This is shaping into yet another nightmare.I copy here ref extracted from a PutraJaya net or something (dun know why National Land Code is not in the AG site???)
I have put the relevant clauses in bold.
CATEGORY : AGRICULTURE
Implied conditions affecting land subject to the category "agriculture"
115. (1) Where any alienated land is subject by virtue of any provision of this Act to the category "agriculture", the following implied conditions shall, subject to sub-section (3), apply thereto-
(a) that no building shall be erected on the land other than a building or buildings to be used for one or more of the purposes specified or referred to in sub-section (4);
(b) that a bona fide commencement of cultivation of the land shall be made within twelve months of the relevant date;
© that the whole area of the land, other than any part thereof-
(i) occupied by or in conjunction with a building (whenever erected) used for one or more of the purposes, specified or referred to in sub-section (4), or
(ii) used for any of the purposes mentioned in paragraph (e) of that sub-section, or any other purpose which the State Authority may specially authorise,
shall be brought fully under cultivation within three years of the relevant date;
(d) that the area referred to in paragraph © shall be maintained and cultivated according to the rules of good husbandry; and
(e) that the said area shall be continuously cultivated:
Provided that the condition specified in paragraph (e) shall be regarded as complied with in the case of any area so long as any period during which less than the whole thereof is cultivated does not exceed twelve months.
(2) In sub-section (1) "relevant date" means the date on which the land became subject to the category:
Provided that, where any land becomes subject to the category on its amalgamation with other land already so subject, the date on which a register document of title to the amalgamated area is first registered shall become the relevant date as respects the whole of that area.
(3) The conditions specified in sub-section (1) shall be implied in the case of any land to the extent only that they are not inconsistent with any express conditions to which the land is for the time being subject.
(4) The purposes referred to in paragraph (a) of subsection (1) are the following-
(a) the purposes of a dwelling-house for the proprietor of the land or any other person lawfully in occupation thereof, or for the servants of, or any persons employed for agricultural purposes by the proprietor or any other such person:
Provided that the dwelling-house for the proprietor of the land or any other person lawfully in occupation thereof shall not occupy more than one-fifth of the whole area of the land or two hectares, whichever is the lesser;
(b) the purposes of agriculture;
© the purpose of extracting or processing raw material from any agricultural produce of such land;
(d) the purpose of preparing for distribution any such material or produce, or any honey-bees, livestock or reptiles kept or bred on such land, or the produce of such livestock or aquaculture on such land;
(e) the purposes of providing educational, medical, sanitary or other welfare facilities, including (so far as they are provided primarily for use by persons employed on the land) facilities for the purchase of goods and other commodities;
(f) any purpose which the State Authority may prescribe for the purpose of this section by rules under section 14.
(g) any purpose which the State Authority may think fit to authorise in the circumstances of any particular case;
(h) any purpose incidental to a purpose falling within any of the preceding paragraphs.
CATEGORY : BUILDING
Implied conditions affecting land subject to the category "building".
116. (1) Where any alienated land is subject by virtue of any provision of this Act to the category "building", the following implied conditions shall, subject to subsection (3), apply thereto-
(a) that, unless on the relevant date such a building already existed on the land, there shall within two years of that date be erected thereon a building suitable for use for one or more of the purposes specified or referred to in subsection (4);
(b) that no part of the land shall be used for agricultural or industrial purposes (except in so far as the erection or maintenance of any building for a purpose or purposes falling within paragraph (f) or (g) of subsection (4) may constitute such a use);
© that every building thereon (whensoever erected) shall be maintained in repair;
(d) that no such building shall be demolished, altered or extended without the prior consent in writing of the appropriate authority.
(2) In subsection (1) "relevant date" means the date on which any part of the land first became subject to the category.
(3) The conditions specified in subsection (1) shall be implied in the case of any land to the extent only that they are not inconsistent with any express conditions to which the land is for the time being subject.
(4) the purposes referred to in paragraph (a) of subsection (1) are the following-
(a) residential purposes;
(b) administrative or commercial purposes, or the purposes of passenger transport;
© the purposes of exhibiting, selling by retail, repairing or otherwise dealing in any goods or commodities, or of providing any services;
(d) the purposes of providing educational, medical, sanitary or other welfare facilities;
(e) the purposes of entertainment, refreshment or recreation;
(f) any purpose which the State Authority may prescribe for the purposes of this section by rules under section 14;
(g) any purpose which the State Authority may think fit to authorise in the circumstances of any particular case;
(h) any purpose incidental to a purpose falling within any of the preceding paragraphs.
In essence, once yr agri land is converted to building land, you cant have agri activities.
(IMHO the law is fine as it is to have BH on agri land...unconverted (see below) ...I suspect, the conversion is merely to generate additional state revenue.)
CATEGORY : AGRICULTURE
(4) The purposes referred to in paragraph (a) of subsection (1) are the following-
(h) any purpose incidental to a purpose falling within any of the preceding paragraphs.
QUOTE(dunsuntutmybuntut @ Feb 18 2010, 05:07 PM)
I hope the guideline is as stated below and NOT as 'anytime'.Just doesnt make sense to me, why there is a need to come up with new and different regulation that differ from existing ones.
General powers of State Director, etc.
15. (1) The State Director, the Registrar, and any Land Administrator, may for the purposes of this Act (and without prejudice to the exercise of any powers conferred upon him by any other written law) -
(a) at all reasonable times have free access to, and enter upon, any land in the State;
QUOTE(dunsuntutmybuntut @ Feb 18 2010, 05:07 PM)
Like I have stated before, if the PBT wants this (not that I agree with it) then they have a responsibility to ensure that no residential development encroaches onto our 1.5km 'safe haven' subsequent to approval of the BH. Else thru no fault of yours , your BH is deemed to be 'out' of the guideline if the PBT approves such development.There be a fallout from having BH in any area????? Any BH is the vicinity will automatically render any land within 1.5km unsuitable for residential development!!! Is the residential here the zoning or literal ie a residential house? If zoning then it means a housing estate, if the later it means even if a kampung house is within 1.5 km also tak boleh!!!!
QUOTE(dunsuntutmybuntut @ Feb 18 2010, 05:07 PM)
Theres contradictory statements on audio usage. In short, the contents are not conducive, not convenient and sure as hell not representing anything SSP's want.
I presume the 40db is still in place? or maybe the more ridiculous ultrasonic sound!!!
Feb 19 2010, 01:14 PM

Quote
0.4920sec
0.28
6 queries
GZIP Disabled