Part One 1

1) As owners of NCR land can we develop our land with an investor of our choice?

No, as the development of NCR land into plantations with private sector company investment has to comply with the New Concept of Development on NCR Land. NCR landowners need to apply to the Ministry of Land Development for the land over which they claim to have established native customary rights to be developed into oil palm plantations. Upon receipt of the application, the map showing the land area applied for will be submitted to the Department of Land and Survey for verification of the status of the land within the area before the application can be tabled to the State Task Force on NCR Land Development for consideration. Similarly, any private sector company interested to invest in and develop NCR land has also to apply to the Ministry. The Company will then be assessed by an Investors Evaluation Committee with regards to its relevant expertise and financial capacity to undertake the development successfully. All these are necessary to ensure that the venture will be beneficial to both parties.

2) Can we as NCR landowners execute a Memorandum of Understanding or a Power of Attorney to authorize a private sector company to deal on our behalf with our NCR land as the company deems beneficial?

No, because your claim of having established native customary rights over the land will have to be verified by the Department of Land and Survey first. Moreover, the development of NCR land into oil palm plantations involving a private sector company will have to be carried out in accordance with the New Concept of Development on NCR land. Under the Concept such Power of Attorney or Memorandum of Understanding is not recognized.

3) Should any dispute over ownership or boundary arises who is (are) responsible for solving them?

In each NCR land development project every parcel of land included for development is registered. During the registration process the details of the claimant, the locality of the land claimed, approximate size, and the names of the claimants of adjoining pieces of land are recorded in the registration form. A sketch plan of each parcel of land included must also be drawn on the form. This is followed by verification of the genuiness of each such claim. These processes prevent the likelihood of overlapping claims of ownership and thus minimize potential disputes.

In addition, for every NCR land development project, an Area Development Committee (ADC) is formed. This Committee comprises of the Penghulu and all the Headmen of the villages/longhouses that have land falling within the project area. One of the responsibilities of the ADC is to assist in sorting out claims of ownership over land within a project area. This set up has reduced to the minimum potential for disputes (if any). Where a dispute arises and cannot be resolved at that level, the parties to the dispute will have to refer the case to the Native Courts for settlement.