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MANUAL PROCESS OF LAND DEVELOPMENT
Disclaimer : This guide is prepared to provide basic guidance for application process on land matters at Land and District Offices. The process guidance that are uploaded in this website may vary with the State Land Rules or other rules set by the State Authority.
 
GENERAL INFORMATION
Transfer of land is a process to change the name of registered proprietor in the title. The transfer of land can be done only for the title that has no restriction in interest or caveat; however, for title with restriction in interest or caveat, prior consent from the interested parties must be obtained first. TO WHOM THE LAND CAN BE TRANSFERRED 

• Malaysian citizen of age 18 and above.
• Non-Malaysian citizen and foreign company with the approval from the State Authority.
• Corporations that are allowed under their constitutions to hold land.
• Sovereign’s ruler, governments, organizations and other persons authorized to hold land under the provisions of the Diplomatic and Consular Privileges Ordinance 1957.
• Bodies expressly empowered to hold land under any other written law.

RESTRICTION AND LIMITATION TO TRANSFER OF LAND
A consent letter from the State Authority shall be obtained when transferring any land with restriction in interest.
Caveat : Consent must be obtain from the caveator.
Charges : Consent must be obtain from the chargee.
Lease : Consent must be obtain from the lease holder.
Agricultural land less than 2/5 Hectare (1 Acre)
Estate Land more than 40 Hectare (100 Acre) : Consent must be obtained from the Estate Land Board
Non-Malaysian citizen or foreign company : Consent must be obtained from the State Authority ATTESTATION
Attestation to the transferor and transferee are as in the Fifth Schedule of the National Land Code 1965, among them are :

• The Registrar / A Land Administrator
• An advocate and solicitor
• A notary public

*For Malay Reservation, only the Registrar or Land Administrator shall make the attestation. ONE PIECE FLOW
Registration for land transfer can be done within one (1) working day if all the documents concern is complete and fit for registration. MANUAL PROCESS FOR APPLICATION OF PARTITION OF LAND (SECTION 142 OF THE NATIONAL LAND CODE) GENERAL INFORMATION 
Partition of land means land which are held under the final title, either a Registrar title or a Land Office title, that are partition into two (2) or more part. Each part is held by the different co-proprietor under separate title. Application must be made to the Land Administrator;
Application must be made by the land owner himself/herself;
All the required documents must be included when making the application. DOCUMENTS
Fill up 3 copies of 9B Form that have been signed by the proprietor, Power of Attorney or company.
For the Power of Attorney or company :

• Letter of the Power of Attorney must be registered at the High Court and Land Office if the application is made by the proprietor representative.
• Memorandum of Article of the company if the application is made by company.
• 12 copies of plan which includes the master plan, location plan, and site plan that are prepared and signed by licensed Surveyor.
• The plan must be signed by all proprietors and shall be registered by the Planning Authorities.
• Official Search Certificate 
• The current year quit rent receipts.
• A copy of the Issue Document of Title (IDT); and
• Written consent from parties who have registered interest on the land.

FEE TO BE PAID
(Fee is according to the State Land Rules) POWER OF APPROVAL
State Authority MANUAL PROCESS OF APPLICATION FOR SUBDIVISION OF LANDS (Seksyen 137 NATIONAL LAND CODE)
 
GENERAL INFORMATION
Subdivision means land which are held under the final title, either a Registrar title or a Land Office title, that are subdivideinto two (2) or more portions (refers to as “subdivisional portions”. Each one is held by the same proprietor under separate titles.
Application must be made to the Land Administrator;
Application must be made by the land owner himself/herself;
All the required documents must be included when making the application. DOCUMENTS
Fill up 3 copies of 9A Form that have been signed by the proprietor, Power of Attorney or company.
For the Power of Attorney or company :

• Letter of the Power of Attorney must be registered at the High Court and Land Office if the application is made by the proprietor representative.
• Memorandum of Article of the company if the application is made by company.
• 12 copies of plan which includes the master plan, location plan, and site plan that are prepared and signed by licensed Surveyor.
• The plan must be signed by all proprietors and shall be registered by the Planning Authorities.
• Official Search Certificate 
• The current year quit rent receipts.
• A copy of the Issue Document of Title (IDT); and
• Written consent from parties who have registered interest on the land.

FEE TO BE PAID
(Fee is according to the State Land Rules) POWER OF APPROVAL
State Authority

1. Borang Permohonan Tanah Milik/ Tanah Rizab Persekutuan

2. Senarai Semak 

• Lesen
• Pasir

Sand Mining License

APPLICATION OF LICENSE ON GETTING OF SAND IN THE SEA-BED UNDER CONTINENTAL SHELF ACT 1966.

1. Application of Licence

1.1. The area applied for getting the sand must be in the area of Continental Shelf Malaysia as prescribed under Continental Shelf Act 1966.

1.2. Each application shall use form of Form 1 First Schedule of the Continental Shelf (Prescribing Of Forms And Fees) (Amendment) Notification 2019 [P.U.(B) 184/2019] along with application fee of RM 3,000.00 by bank draft/ money order/ postal order in the name of "Federal Lands Commissioner".

1.3. Each application must be addressed to:

           Minister of Energy and Natural Resources
           Ministry of Energy and Natural Resources
           Level 17, Menara Block
           No.25, Persiaran Perdana
           Wisma Sumber Asli, Precinct 4
           62574 PUTRAJAYA

          and copied to;

         Secretary General
         Ministry of Energy and Natural Resources
         Level 17, Menara Block
         No. 25, Persiaran Perdana
         Wisma Sumber Asli, Precinct 4
         62574 PUTRAJAYA

         Federal Lands Commissioner
         Department of Director General of Lands and Mines
         Level 3, Podium 1, Wisma Sumber Asli
         No. 25, Persiaran Perdana, Precinct 4
         62574 PUTRAJAYA

         (Along with application fee of RM 3000.00 by bank draft/ money order/ postal order in the name of "Federal Lands Commissioner").
         Director General
         Department of Minerals and Geoscience
         Level 9, Menara PjH
         No. 2, Jalan Tun Abdul Razak
         Precinct 2
         62100 PUTRAJAYA

1.4. Documents need to be attached with the Form 1 First Schedule when apply are as follows:

        i. Application Letter;

        ii. Completed Form 1 First Schedule;

        iii. Plan and the coordinate of applied area in World Geodetic System 1984 (WGS84) format (hardcopy and softcopy);

        iv. Memorandum & Articles of Association (if any);

       v. Form 49, Company Act 1965/ Section 58 Company Act 2016;

       vi. Form 24, Company Act 1965/ Section 78 Company Act 2016;

       vii. Company Audited Financial Statement for the latest year end (for Berhad company);

       viii. Latest three (3) months Bank Statements (for individual/sole proprietor company); and

        ix. Offer letter of sand supply or memorandum of understanding or agreement document with company that will buy or use the sand.

1.5. Federal Lands Commissioner (FLC) has the right to reject any incomplete application or applied area overlaps with the approved license.

2. Policy Approval Stage

2.1. Period given for this stage is six (6) months from the date of policy approval letter is issued and within that period, the applicant is required to :

  i. To conduct a quantity and quality study of sea sand resources and obtain the approval from Department of Minerals and Geoscience;
 ii. To conduct hydraulic study and obtain the approval from Department of Irrigation and Drainage;
iii. To conduct Environmental Impact Assessment (EIA) study and obtain the approval from the Director General of Department of Environment.
iv. To carry out hydrographic surveying (Pre Dredge Survey) and obtain the approval from National Hydrographic Centre.

2.2. If the applicants fail to complete these studies and survey within the period given, the applicants may apply for extension of time within one (1) month before expiration.

2.3. FLC can recommend to YB Minister of Energy and Natural Resources to extend the policy approval for a period of up to six (6) months only, provided the applicant submits evidence that the studies required in the policy approval are being implemented.

3. Payment and License Approval Stage

3.1. Once the requirements in para 2 are executed, the applicant must settle the following fees for the issuance of the license:

i.   Payment of Licence Fee at the rate of RM1,000.00 for every 2.59 km square area approved or part thereof in the form of a bank draft in the name of "Federal Lands Commissioner".
ii.  Payment of security deposit in compliance with license conditions amounting to RM100,000.00 in the form of a bank draft in the name of "Federal Lands Commissioner".
iii. Payment of security deposit amounting to RM100,000.00 for the welfare of fishermen in the form of bank draft in the name of “Director General of Fisheries Malaysia”.

4. Application for Operating Permission

4.1. The licensee must within 14 days before starting the sea sand dredging operation in the approved area, submit information on the proposed operation using Form A (Proposed Operation to Obtain Seabed Sand Under the Continental Shelf Act 1966) together with relevant supporting documents to JKPTG for approval; and

 4.2. If the licensee has started operating to obtain seabed sand, the royalty rate is set at RM1.00 for each cubic meter of sand obtained for the purposes of domestic use and RM4.50 for each cubic meter of sand obtained for the purposes of export and payment must be submitted in bank draft form in the name of the “Federal Land Commissioner” within 14 days in the following month using Form B (Report on Production of Sea Sand Under Section 4, Continental Shelf Act 1966) together with supporting documents such as Customs Form No. 2 (K2) / Customs Form No. 3 (K3) from the Royal Malaysian Customs Department and related documents.