20220102 Mixed Zone -revisited under SWK Land Code

Mixed Zone Land is a term specific to Sarawak. How it came to be called “Mixed Zone” Land? Refer my earlier write on Mixed Zone Land here.

The historical perspective of Land Law in Sarawak is hereby referred. The name “Mixed Zone” came about in the Land (Classification) Ordinance, No. 19 of 1948 which came into operation on first January 1949. As suggested by the title of the legislation, it classified the land into 5 categories; namely:

  1. mixed zoned land,
  2. native area land,
  3. native communal reserve or reserved land,
  4. interior area land, and
  5. native customary land (NCR)

What is important to remember is this “Classification” is NOT “Class of Land” or “Category of Use” of land.

Another classification in the administrative sense is the “Class of Land“:

  1. Town Land
  2. Suburban Land
  3. Country Land

Then, the “Category of Use” classification of land (like in West Malaysia):

  1. Building
  2. Agricultural
  3. Industrial

Definition of Mixed Zone Land as in Sarawak Land Code (Chap 81):

Mixed Zone Land” means land which by virtue of the former Land (Classification) Ordinance, 1948 [Ord. No.19/1948], and the former Dealings in Land (Validation) Ordinance, 1952 [Ord. No. 11/1952], or either of them, was Mixed Zone Land on the 1st day of January, 1958, and land which becomes Mixed Zone Land by virtue of a declaration under section 4(1), or by virtue of section 4(4)(a), or by virtue of a direction under section 38(5);

It can either be alienated land or State land. It can be held and occupied by any race in Sarawak or permanently resident in Sarawak who is Citizen of Malaysia without any restriction. In other words, it can be held either by a native or non-native.

Meaning of “Permanently resident” is NOT “PR – Permanent Resident” as Permanent Resident is like a foreigner in interpretation of Land Code. Foreigner can own properties including land but under specific approval by State Authority for example, in MM2H scheme. For Sarawak, foreigner who is a Permanent Resident (by marriage or having long residence) can purchase properties (residential) within Kuching at RM600,000 or more. Despite, they cannot purchase agricultural land or industrial land for such is reserved to Native or Citizens of Malaysia permanently resident in Sarawak in accordance to Section 13A of the Sarawak Land Code (Chap. 81):

No acquisition of land by foreigners
13A. Notwithstanding anything in this Code or any other written law relating to land no estate, interest or right in any land may be held or acquired by any of the following:

(a) any person who is not a Malaysian citizen and not permanently resident in Sarawak

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