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Call To Review Systems On Land Issues

Bandar Seri Begawan - Tax exemption on land, delay in the transfer of land including to the next-of-kin and to other owners as well as the fate of land grant located in the border and loosening-up land ownership policy for local permanent residents to own land of more than five acres were the issues raised by the members of the Legislative Council yesterday.

YB Dato Paduka Hj Idris highlighted on the land issue where 50 to 55 years lease has expired and imposed premium after such term expires.

The Minister of Development, YB Pehin Orang Kaya Hamzah Pahlawan Dato Seri Setia Awg Hj Abdullah said it has always been the concern of his ministry. Such issue has been a legacy for the last 50 years and it is about high time for the ministry to take a new policy as the way forward.

On the transfer of land condition, which took many years to take, his ministry states it was due to the fact that they are under-staffed and the master plan for the use of the land and the issue of the land transfer is also reviewed.

On the issue of land transfer to the nextof-kin was also highlighted by the YB Orang Kaya Maha Bijaya Awg Hj Othman, stating that some of them face the problem of getting government loans when the delay prolong.

He called on the ministry to review the system in line with the initiative of using e-government and online system and called for the respective district's land authority to be given the authority to implement it, just like in the old era.

The Minister of Development, in his reply said it is not as easy as expected. The future landowner and the transfer of land condition should be properly scrutinised and ensure to follow the land rules. Among others, the future land should be transferred to locals. Sometimes, the land is transferred to a next-of-kin who is married to a foreigner or the son changes citizenship.

The minister clarified that the district's land authority is not given the power to deal with the land transfer but instead handled by the higher authority.

YB Hj Bakar bin Mansor also highlighted on the need to exempt premium of land where its 55 years of lease has expired or at least lower its premium. The minister said we should not think of exempting the land premium by giving it free because it is not a sustainable policy for the future.

YB Hj Bakar also mentioned about the grant land issue located at the border between Brunei and Malaysia, which is owned by local Bruneians. The Minister replied that it is an issue currently discussed by relevant parties.

YB Hj Bakar also talked about the temporary occupied land (TOL) and advised to use them for agriculture. The Minister said, many TOL's are not being used and some were sold and are given as personal endowment (Wakaf). It clearly shows that the use of TOL has been abused. The government can give but it should not be abused. Several approaches would be made in the near future, since the current system of TOL management is not sustainable.

YB Pehin Goh King Chin said in the past, buying and selling of land was easy compared to today. Speaking on behalf of the Chinese community who hold yellow identity cards, YB Pehin Goh raised the issue of non-Malays who could not own a land of more than five acres, which he said is a good policy in order to control the ownership of land. He asked whether such policy is still imposed and the minister said, it is still practised.

Regarding the changing of land condition, YB Pehin Goh called for proper guideline. He said if certain areas have been gazetted in the zoning area for commercial, housing and so on, the problem should be straightforward. But if the zoning area were gazetted for Bandar house and wants to change it to commercial house, it would take time.

The minister said it is currently under legal planning and is hoped to have its own statutory strength. If it is obtained, the plan or the use of land in areas that have been placed in commercial zone areas could be facilitated, depending on the land rules.

YB Pehin Goh also urged on the consideration of giving married local PRs to own landed property. He is aware that the strata title has been approved last year but most people prefer landed property.

The minister said with the strata title, it does facilitate for local PRs and added that in other countries like Singapore, the right to possess landed property is also limited whereby in Brunei, we are considered very lenient.

YB Orang Kaya Jaya Putera Dato Paduka Awg Hj Muhammad said for every transfer of land from a father to a son, a high tax is imposed. For instance, for a land of 0.143 acre, a tax of $372 are charged which could reach up to $696 just for transfer charges alone excluding the breaking of land grant charges which would increase it higher. He called on the government to review such tax to lessen the burden.

The minister is his reply said the stamp duty for the transfer of land is six per cent, which is the lowest in this region. However such feedback is welcomed and the matter is looked upon.

YB Dato Paduka Hj Puasa raised the issue of outstanding payment of land taken-over by the government for road construction in villages, which has long been overdue. The ministry replied that it is related to road measuring issue and once it is solved, it could be settled.

He also raised the issue of delay in transfer of land ownership, which sometimes takes a year or more. The buyer wants to build a house on such land while the seller is desperate for money for daily and urgent personal expenses. The minister said it is always been brought to the attention of the ministry. -- Courtesy of Borneo Bulletin

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