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Continental Shelf Act 1966

Background

• According to Section 2 of the Continental Shelf Act 1966 (Revised 1972),“Continental Shelf” means the sea-bed and subsoil of the submarine areas that extend beyond the territorial sea throughout the natural prolongation of the land territory of Malaysia to the outer edge of the continental margin as determined in accordance with section 2B; or to a distance of two hundred nautical miles from the baselines from which the breadth of the territorial sea is measured in accordance with the Baselines of Maritime Zones Act 2006 where the outer edge of the continental margin does not extend up to that distance.
• Under Section 4 (4) of the Continental Shelf Act 1966, the power to grant the licence to exploit sands in the area within the continental shelf is under the jurisdiction of the Minister of Natural Resources and Environment. What is meant by the definition of the Continental Shelf area is an area which is situated outside the territorial waters of the States.
• Under Section 4 (2) of the Emergency (Essential Powers) Ordinance No. 7 of 1969 (Revised), gazetted as P.U. (A) 468/1969, for the meaning of Continental Shelf Act 1966, ‘territorial waters’ is defined as sea-waters adjacent to the coast not exceeding three nautical miles measured from the low water mark. This means that area outside three nautical miles measured from the low water mark are areas of the continental shelf and therefore, the Minister of Natural Resources and Environment is the Minister that is responsible of it, under the Ministerial Functions Act 1969 and is given the power under Section 4 (4) of the Continental Shelf Act  to grant the licence for sand mining in a particular area.
• It is therefore under the absolute discretion of the Minister as provided in the Section (4) (6) of the Continental Shelf Act to decide on the granting of  the licence and to grant any number of licences to the same person or company.
• Article 3 (2) and (3), Government Gazette P.U. (B) 365/1985, Notification on Continental Shelf (Appointment of Forms and Fee)fixed that any application of licence to explore, prospect, bore, mine or to carry on operations for the getting of minerals of any specified kind in any specified area of the continental shelf under Section 4 of the Continental Shelf Act, shall be lodge to and processed by the Federal Land Commissioner.

Small Estates (Distribution) Act 1955

Small Estates (Distribution) Act 1955 (previously known as Small Estates Ordinance 1955) is the main law that is used for the management of small estates. Since its commencement until now, several review and amendments have been done.

Overall this Act explains about the definition of small estates, jurisdiction power, work flow which starts from the petition for distribution of estate, hearing, order making to the appeal process at high court. Apart from this Act, there are other small estates distribution rules which outlines the procedural implementation and the usage of forms that are used in the small estates distribution matter.

In determining the distribution, Faraid Law is used when it involves the Muslims estate, while Distribution Act 1958 is used when it involves the Non-Muslims. The foundation of Faraid Law is based on the Quran and Hadith, among it are verse 11, 1, and 176 of Surah An Nisa.

Land Conservation Act 1960 (Act 385)

Application

This Act Is Only Applicable in the States of Malaya and the Federal Territory of Kuala Lumpur.

By Virtue of Article 95D of the Federal Constitution, the Act Is Not Applicable in the States of Sabah and Sarawak. Likewise, the Sabah Law Relating to Soil Conservation Is Applicable to the Federal Territory of Labuan as Provided under Section 6(1) of the Federal Constitution (Amendment) Act 1984.

Since the Act Deals with the Matter Falling within the Sphere of State Legislatures, in Accordance with Article 76(3) of the Federal Constitution, It Can Only Become Effective in Any State If Adopted by a State Law.

Therefore the Act Was Adopted by the following States:-

• Johore Vide Enactment No. 15 of 1960;
• Kedah Vide Enactment No. 13 of 1960;
• Kelantan Vide Enactment No. 6 of 1960;
• Malacca Vide Enacatment No. 7 of 1960;
• Enakmen Penempatan Terengganu, 1356.
• Negeri Sembilan Vide Enactment No. 21 of 1960;
• Pahang Vide Enactment No. 13 of 1960;
• Penang Vide Enactment No. 4 of 1960;
• Perak Vide Enactment No. 6 of 1960;
• Perlis Vide Enactment No. 12 of 1960;
• Selangor Vide Enactment No. 7 of 1960; and
• Terengganu Vide Enactment No. 9 of 1960;

 
Purpose

To Consolidate the Law Relating to the Conservation of Hill and the Protection of Soil from Erosion and Inroad of Silt.
 
Main Provisions

The Main Provisions Are Contained in Part Ii and Part Iii of the Act in General the Act Contains the following:

• The Provision Relating to the Declaration of Areas as Hill Land by the State Authority and the Provision Prohibiting the Use of Hil L Land for Any Purpose Other than for Limited Agricultural Purpose and for Mining;
• The Provision Enabling the Land Administrator to Take Action against Any Landowner Whose Land Has Caused or Is Likely to Cause Damage to Other Land, Water Course or Has Interfered or Is Likely to Interfere with the Due Cultivation of Other Land by Earth, Mud, Silt, Gravel or Stone from His Land;
• The Provisions Enabling the Land Administrator to Take Action against Any Landowner Whose Land Has Been Damaged or Is Likely to Be Damaged as a Result of Erosion or Displacement of Earth, Mud, Silt, Gravel or Stone upon or from Such Land.

 
Penalty

Any Person Who without Reasonable Excuse Fails to Comply with Any Order Made under, or Any Provision of This Act, Requiring Him to Do or Prohibiting Him from Doing Any Act or Thing Shall Be Liable to a Fine of Not Exceeding Five Thousand Ringgit and in Default of Payment Thereof to Imprisonment for a Term Which May, Subject to Section 283 of the Criminal Procedure Code, as the Circumstances May Require, Extend to Six Months.