Вы находитесь на странице: 1из 19

1.

0 INTRODUCTION

Temporary occupation licence (TOL) is temporary validity for occupiying the


government or reserved land which had been permitted by the state local
government according to seksyen 65 National Land Code 1965 to individual, holding
or company. The period of time that had been given by the state local government is
1 year which will be terminate on the 31st December each year. After 31st
December, the land will be handed back to the State Local Government. The
reasons the TOL had been terminated is because of breach of condition and had
been given reparations payment. The Temporary occupation licence (TOL) must be
renew anually. Temporary occupation licence (TOL) doesn’t give the right guarantee
to the licence holder to get land with government proprietory.

2.0 THE APPLICATION OF TEMPORARY OCCUPATION LICENCE (TOL)

Application for the state land with Temporary occupation licence (TOL) can be done
in the situation state below:

i. Temporary usage of the land. For example food stall, vegetation plantation,
digging pond for fishery pond, assembles the bill board, nursery, stor, parking
and other temporary usage.
ii. Government use the land for the long term project.
iii. Any picking activity such as cocoa, coffee seed, or palm oil or rubber tapping
on the government land on the state land. The Temporary occupation licence
(TOL) had been permitted on a land that use for place the crops on the
permitted land. All at once, with the tapping right during the fruit season or as
long the rubber tree can be tap.

1
3.0 TERMS AND CONDITIONS OF TEMPORARY OCCUPATION LICENCE
(TOL)

By virtue of section 67(1) and (2) and 68 of the National Land Code, every
TOL issued is subject to the following conditions:

i. It will expire at the end of the year in which it commences unless it is


for the purpose of enabling any public exibition or entertainment to be
held (see also paragraph 2 below);
ii. It should not be used for any purpose other than that stated in it;
iii. It should not be used for the planting of permenant crops;
iv. It should not be used for the erection of an permanant building or other
permanant structure;
v. It may be renewed anually;
vi. It is not capable of assignment (see also paragraph 2 below);
vii. It shall terminate in the event of the death of the person or the
dissolution of the body whom it was issued;
viii. It may be cancelled immediately, and without payment of compensation
upon the breach of any provision to which it is subject; and
ix. It may be cancelled upon payment of compensation (to be agreed or
determined in accordance with section 434 of the National Lnad Code)
at any time before the date of expiry.

The conditions as in paragraphs 1 and 1(vi) above could be different in the


SLR specifies a different expiry date for a TOL and contains a provision for
assignment. A licence may contain other conditions as prescribed in the SLR.

As stated in section 68 of the NLC, a TOL issued to a body shall not terminate
upon its dissolution in a situation as provided in section 416.

2
4.0 APPROVALS of TEMPORARY OCCUPATION LICENSE (TOL)

There are a few types how to approving an application of TOL. This licence is not
transferable or assignable in any manner whatsoever and must be produced on
demand to the Director of Lands and Surveys or any Collector or Assistant Collector
of Land Revenue. The licensee shall comply with the reasonable requirements of
any Government Health Officer. Among those who is involved are State Authority,
Land Administrator, Land and Mineral and Executive Council.

4.1 Approvials By State Authority “Pihak Berkuasa Negeri” (PBN)


Land is under state authority power. Therefore, only state authority eligible to
approve the Temporary Occupation License (TOL). State authority can
approve a license or permit which is behave temporary for particular purpose
and it was limited. In the other hand, state authority also can to end the period
of TOL.

If State Authority experiences the land is necessary for future development


and refuse to gift to anyone, then they can use TOL. This licence is for
temporary use only. The example is;-
• To farm supply not remain crop and seasonal crop;
• Build the house or temporary type building or that can in change;
• Public show as circus etc more.

4.2 Approvals By Land Administrator “Pentadbir Tanah Daerah” (PTD)


In this level, the Land Administrator will be managing to approve the
application such as;
a. Approving the applications from widow or child TOL holder who have
died.
• To renew temporary occupation licence that has been approved and
no condition violation.
• Application Temporary Occupation Licence TOL for signboard,
advertisement, performance public, religious, entertainment, circus
and shed or stall.

3
4.3 Approvals By Director of Land and Mineral “Pengarah Tanah dan
Galian” (PTG)
The Director of Land and Mineral also have their function about the TOL
application such as;
• Application Temporary Occupation Licence TOL for purpose to remove
dregs seed such as mines stone, sand, iron rust and others.

4.4 Approvals By Executive Council “Majlis Mesyuarat Kerajaan” (MMK)


The application to approving for Temporary Occupation Licence (TOL) by the
Executive Council is about other application than those mentioned above.

5.0 PAYMENT OF TEMPORARY OCCUPATION LICENCE (TOL)

Payment for Application of TOL is RM10.00 for building site use. Meanwhile, there
are about RM5.00 must be paid for TOL’s application which is use for agricultural.

Payment for Amanah is 20% from value of crops by Land Administrator if “tapping
right” or to collect fruits or rubber from the Government lands.

4
5.1 Rate for Temporary Occupation Licence (TOL):-
Bandar Pekan
Desa
Bil RM RM
RM (Setahun)
(Setahun) (Setahun)
Rumah Kediaman
Setiap 1,000 kaki persegi atau
RM40.00 RM30.00 RM20.00
sebahagian daripadanya
1
Tambahan setiap 1,000 kaki
persegi atau sebahagian RM10.00 RM8.00 RM7.00
daripadanya
Rumah Kedai/Restoran
Setiap 1,000 kaki persegi atau
RM80.00 RM60.00 RM40.00
sebahagian daripadanya
2 Tambahan setiap 1,000 kaki
persegi atau sebahagian
RM20.00 RM16.00 RM10.00
daripadanya dikenakan bayaran
tambahan
3 Gerai RM 40.00 RM20.00 RM10.00
4 Bengkel RM100.00 RM50.00 RM25.00
5 Bangsal RM50.00 RM25.00 RM15.00
6 Nursery RM100.00 RM100.00 RM100.00
Papan Iklan
Setiap 1,000 kaki persegi atau
RM40.00 RM30.00 RM20.00
sebahagian daripadanya
7 Tambahan setiap 1,000 kaki
persegi atau sebahagian
RM10.00 RM8.00 RM7.00
daripadanya dikenakan bayaran
tambahan
8 Setor
Setiap 1,000 kaki persegi atau
RM50.00 RM50.00 RM50.00
sebahagian daripadanya
Tambahan setiap 1,000 kaki
persegi atau sebahagian
RM10.00 RM8.00 RM7.00
daripadanya dikenakan bayaran
tambahan
9 RM100.00 setahun bagi setiap 1,000 kaki
Tempat Letak Kereta
persegi atau sebahagian daripadanya.
10 Pertunjukkan Awam RM50.00 RM50.00 RM50.00 sehari

5
sehari sehari
11 Pertunjukkan Awam untuk tujuan RM10.00 RM10.00 RM10.00 sehari
keagamaan sehari sehari
12 RM40.00 setahun bagi setiap 1,000 kaki
Jeti
persegi
13 RM800.00 seekar setahun atau sebahagian
Portable Sawmill
daripadanya
14 RM100.00 seekar setahun atau sebahagian
Stokpile
daripadanya
15 RM100.00 seekar setahun atau sebahagian
Jalan
daripadanya.
16 Kegunaan menangkap ikan di
RM50.00 - RM500.00 setahun
laut (Kelong)
17 Jermal RM50.00 - RM400.00 setahun
18 Tegok/Ambai RM50.00 - RM300.00 setahun
19 Belat Pok RM50.00 - RM250.00 setahun
20 Lain-lain RM50.00 - RM200.00 setahun
Untuk Memungut Atau Memetik
Buah-Buahan dan Menoreh
Getah
21 Durian tiap-tiap sepokok setahun Tidak kurang daripada RM10.00 dan tidak
lebih daripada RM50.00
22 Kelapa tiap-tiap sepokok setahun RM5.00
23 Getah tiap-tiap sepokok setahun Tidak kurang daripada RM1.00 dan tidak
lebih daripada RM5.00
Untuk Memungut Atau Memetik
Buah-Buahan dan Menoreh
Getah
24 Kelapa sawit tiap-tiap sepokok Tidak kurang daripada RM5.00 dan tidak
setahun lebih RM20.00
25 LPS di Tanah Lombong
Untuk membuang hampas bijih RM 30.00 seekar setahun atau sebahagian
darinya.

6.0 Government Roles For Temporary Occupation License

6
Normally under section 65 TOL are controlled by State Authority. The State Authority
is empowered to issue the Temporary Occupation License in respect of state land,
mining land not for the time being used for the purposes of mining and reserved land
not for the time being used for which it is reserved.

There are two roles that played by government for Temporary Occupation License,
such as restricted and permitted Purpose, for which otherwise the occupant would
have become a trespasser, an illegal squatter and if not for the permission.

6.1 Restricted and Permitted Purpose


For the restricted and permitted purpose it refers to the state authority are the
authorities that have a responsibility to renew the grant of TOL. The
Temporary of license will be renewed maximum of three times by land
administrator. State authority are prescribed a permit to extract and remove
material but in the normal TOL it may issued for a maximum term of five years
or even longer. Based on the section 68 expressly provides that TOL shall not
be capable of assignment and that every TOL shall terminate on the death of
the holder or in the case of a corporation upon its dissolution.

For the restricted purpose state authority also have a power to make sure the
condition of the granted license for Temporary occupant license are followed
before get the Temporary occupant license.

6.2 Occupant Would Have Become a Trespasser.


The State authority also have the responsibility to transfer the holder of the
TOL to another holder during the original holder still alive but if the owner of
TOL are died and they are not transfer the TOL holder during their lifetime, the
State authority are responsible to make sure the grant are not using yet, and
take off that grant, to make sure there is no people leave as a squatters.

6.3 Implementing And Monitoring The TOL


State authority also have a responsibility to make sure there is no squatters
and for illegal occupant. Such as make sure there is no un registered license
and un-renewed TOL. In section 65(1) of the National Land Code specifies

7
that the state Authority may permitted the temporary occupation under license
in respect of any of the following lands such as state land, mining land not for
the time being used for purpose of mining and reserved land not for the time
being used for purposes for which it was reserved.

7.0 TOL APPLICATION PROCESS


There are 2 application processes:
a. For TOL to use state land for stated purposes.
b. To collect or pick fruits or rubber tapping on state land.

Supplicant has to fill up the form of land application

‘Juru surih’ will check the record in settlement department to make


sure the requested land is still state land

District Land Administrator (PTD) will make decision to approve or not


the form of application

If the application is approved, the supplicant has to submit the


application using land application form

The application will be check to ensure the completeness of


information and document.
8
The Settlement Administration do site visit, make a report, provide
plan and transfer to the Administrator’s Officer of District Land (PPTD)

PTD/PPTD ask for commentary from these department :


Majlis Daerah/Perbandaran/Bandaraya
Jabatan Perancang Bandar dan Desa Negeri
Jabatan Kerja Raya (JKR)
Others department are related

If the approvement is under PTD’s control, PTD will make the decision
after receive the comments from others department. If the
approvement is under MMK’s control, PTD will provide the letter to the
Administrator of PTG (Pejabat Tanah & Galian).

If the approvement is under PTD’s control, PTD will make the decision
after receive the comments from others department. If the
approvement is under MMK’s control, PTD will provide the letter to the
Administrator of PTG (Pejabat Tanah & Galian).

The application is present in meeting of ‘Jawatankuasa Hasil Bumi’ by


The reporterPTG
sends
andthe decision
transfer of MMK to PTG
to MMK

PTG sends the decision to PTD

PTD inform the decision to supplicant. If the application are approve,


the supplicant need to pay the fee.

The supplicant receives TOL after pay the fee.

At the end of the year, the supplicant needs to submit the TOL renew
application at Land Office.

9.0 Sources and Refferences

9
Abdul Aziz Husin, Lesen Pendudukan Sementara

Lesen Pendudukan Sementara, Majlis Daerah Rembau, www.ns.gov.my

Salleh Buang (1987), Temporary Occupation License Some Proposals for Reform

Appendix:
10
TOL Forms

11
12
13
14
15
16
17
18
19

Оценить