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Clarity Lost In Paper Trail
Clarity Lost In Paper Trail
Zahiah Hj Abd Samad worked at the Development Control Section in 1991 to deal with matters relating to enforcement, especially the relocation of industrial activities that were in breach of the Development Control regulations. The witness testified that on December 24, 1991 she received a memorandum from the TCPD Confidential Clerk about an application for a Temporary Occupational Licence (TOL) from Pehin Kapitan Craft Dato Lim Teck Hoo, on behalf of TED Sdn Bhd.
As she was assigned to the Development Control Section, the memo was given to her for action, said Zahiah. She said the original site applied for by TED had been assigned to be given to ASIADIS Trading and General Contractors, an area of one acre. In the memo stated above, the TCPD was to prepare an alternative location site map as proposed by the senior land officer with an area of 1.25 acres as per the decision of the TOL Committee meeting in the memo from the Permanent Secretary of the Ministry of Development (MoD).
On December 30, 1991, Zahiah instructed Senior Draftsman Latifah to prepare 1.25 acres for TED. She also confirmed that she received a memorandum with an appeal letter from TED dated January 10,1992 about the application for a TOL for 2.45 acres at Hg Mulaut. Attached to the appeal was a letter of reply from Khasnah Hj Panjang on behalf of the TCPD Commissioner.
According to the memo, TED had been approved a TOL for 1.3 acres based following a meeting on July 9, 1991. The memo also stated that TED was appealing to maintain the site location proposed earlier. Zahiah, therefore, consulted TCP Commissioner Dato Paduka Hj Ibrahim Hj Mat Yassin on March 9, 1992, about the appeal to maintain the 2.45-acre site proposed earlier.
As a result of the meeting with Dato, Dato instructed me to confirm whether the site area of 2.45 acres was really required and that the area that had been given, of 1.3 acres, was insufficient," she said.
"Nevertheless, TED should appeal to the higher authority that is the TOL Committee to consider the appeal, subject to the government policies regarding the granting of TOL sites and its area."
After the meeting, Zahiah prepared a memorandum dated March 24,1992 regarding TED's appeal application concerning the TOL for 2.45 acres at Kg Mulaut, and was signed by Aim; Hj Daud Hj Duraman. In that memo, she informed the Commissioner of Land that the 2.45 acres applied for, to locate the activities stated by the applicant in their letter dated January 10, 1992 "was proper".
She explained in her statement "What I meant was that the area applied for was suitable, however, this did not mean that the applicant must be given the site area of 2.45 acres."
Zahiah clarified to the court that the role of TCP is only to prepare the site plan and to assess the suitability of the site area, while it is for the TOL Committee to consider and give approval. However, from her experience, "the site area normally prepared by TCP is between 0.25 acres and one acre".
Former minister of development YAM Pg Indera Wijaya Pg Dr Hj Ismail Pg Hj Damit is alleged to be the person responsible for approving TED's TOL application for an area extending up to five acres at the Mulaut Industrial Site.-- Courtesy of The Brunei Times
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