LAND AND SURVEY DEPARTMENT

The earliest law relating to land dated back to 1863 when the first Land Regulations were introduced by the first Rajah of Sarawak. No form of land tenure as it was understood in English Law existed under the Government of Brunei when Mr. James Brooke took over responsibility for the Government of Sarawak in 1841. The first Rajah did not immediately interfere with the system of customary law which existed in Sarawak at that time, and it was not until 1863 that the first Land Regulations were introduced with the approval of the Supreme Council.

The Land Regulation of 1863 were comprehensive regulations although they were comparatively simple in nature. Provision was made in these regulations for the issue of leases for 900 years and for grants in fee simple or grants in perpetuity. These regulations were amended from time to time and were supplemented by various Land Orders to meet the changing needs and to overcome administrative problems, and it was only in 1920 that the first comprehensive land legislation recognisable by legal standards as a statute was introduced as Order No. VIII of 1920.

In 1931, the Order of 1920 and the Regulations issued under the Order were replaced by Order No. L-2 (Land Ordinance). This was followed in 1933 by Order No. L-7 (Land Settlement Ordinance) which provided for the guarantee of titles by the State following adjudication of rights to land.

The classification provisions of the Land Order of 1931 and the Land Settlement Order of 1933 were replaced in 1948 by specific provision in the Land (Classification) Ordinance for the division of Sarawak into various classifications:

(a)	Mixed Zone Land;
(b)	Native Area Land;
(c)	Native Customary Land;
(d)	Reserved Land; and
(e)	Interior Area Land.

For the sound administration of land in Sarawak, it was found that these Ordinances were inadequate and in 1957, the present Land Code was enacted with the object of consolidating the laws relating to land in one piece of legislation and bringing it up to date by filling in the gaps on which the law was silent and by amending those parts which had been found unworkable or overlapping.

The Land Code is an omnibus piece of legislation which provides for the alienation of State Land, administration of alienated land, classification of land, compulsory acquisition of land for public purposes, adjudication of rights to land, survey and registration of dealings in land.