Presented by HJ RAHMAD HAJI JAPAR Acting Commissioner of Land Ministry of Development

LAND ADMINISTRATION SYSTEM IN BRUNEI DARUSSALAM

"Towards A Progressive Land Administration And Management“

ASIA GEOSPATIAL FORUM17 -19 SEPTEMBER 2012MELIA HANOI, VIETNAM

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Presented by HJ RAHMAD HAJI JAPARActing Commissioner of

LandMinistry of Development

Brunei Darussalam

Ministry Of DevelopmentBrunei Darussalam

Quality Living Sustainable Development Prosperous Nation1

BRUNEI DARUSSALAMABODE OF PEACE

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Haji Rahmad Haji Japar (Acting Commisioner of Land)Negara Brunei Darussalam Geospatial Forum 17 -19 September 2012, Hanoi, Vietnam

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CAPITAL – BANDAR SERI BEGAWAN

OFFICIAL LANGUAGE -- MALAY

NEGARA BRUNEI DARUSSALAM

TOTAL POPULATION – 408,786 (July 2011 estimate)

5Haji Rahmad Haji Japar (Acting Commisisoner of Land) Negara Brunei Darussalam Geospatial Forum 17 -19 September 2012, Hanoi, Vietnam

Prosperous kingdom - ‘A Kingdom of Unexpected Treasures’

Relatively a small country, small population, very peaceful country

culture and heritage ‘Darussalam’ the Arabic word for ‘Abode of

Peace’ Capital –Bandar Seri Begawan Brunei’s economy - oil and gas 7 ethnic races (Brunei Malay, Kedayan, Tutong,

Dusun, Belait, Bisaya, Murut, ) Malay Language – Official language

Brunei Darussalam: Introduction

6Haji Rahmad Haji Japar (Acting Commissioner of Land) Negara Brunei Darussalam Geospatial Forum 17 -19 September 2012, Hanoi, Vietnam

WHAT IS LAND ADMINISTRATION?o Land administration includes the functions

involved in regulating the development and use of land, gathering revenue from the land….and resolving conflicts concerning the ownership and use of the land

o Land administration is the process of recording and distributing information about the ownership, value and use of the land and its associated resources. (United Nations, ECE, Land Administration Guidelines, 1996)

BRUNEI LAND ADMINISTRATION SYSTEM

Haji Rahmad Haji Japar (Acting Commisisoner of Land) Negara Brunei Darussalam Geospatial Forum 17 -19 September 2012, Hanoi, Vietnam

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WHAT IS LAND MANAGEMENT?o Land management involves the

implementation of policy decisions about the nature and extent of investments in land.

o From an institutional perspective, land management includes the formulation of land policy, the legal framework, resource management, land administration arrangements and land information management (United Nations, ECE, Land Administration Guidelines, 1996)


Haji Rahmad Haji Japar (Acting Commisisoner of Land) Negara Brunei Darussalam Geospatial Forum 17 -19 September 2012, Hanoi, Vietnam

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BEFORE LAND CODE 1909:

o FEUDAL SYSTEM

TULIN KURIPAN KERAJAAN

• The use of the land mainly for the purpose of cultivation.


Haji Rahmad Haji Japar (Acting Commissioner of Land) Negara Brunei Darussalam - Geospatial Forum 17 -19 September 2012, Hanoi, Vietnam

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AFTER LAND CODE 1909 INTRODUCED:

o LAND ADMINISTRATION WAS ADMINISTERED BY:

“THE BRITISH RESIDENTS” “HIS MAJESTY THE SULTAN IN COUNCIL”


Haji Rahmad Haji Japar (Acting Commissioner of Land) Negara Brunei Darussalam Geospatial Forum 17 -19 September 2012, Hanoi, Vietnam

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HIS MAJESTY GIVING POWER TO:o ALIENATE LANDo MAKE RULESo APPROVE TRANSFERSo CHARGESo LEASES AND SUBLEASESo APPOINT PUBLIC OFFICERS TO ADMINISTER THE

LAWo COLLECT REVENUE FOR THE STATE BY CHARGING

ANNUAL RENTS AND PREMIUM o DELEGATE HIS POWER TO “A COMMITTEE OF THE

COUNCIL OF MINISTERS OR TO ANY PUBLIC OFFICER OR BODY OF PUBLIC OFFICERS



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LAND REGISTRATION

o TORRENS SYSTEM

• IT IS A FORM OF RECORD OWNERSHIP THAT IS USUALLY GUARENTEED BY THE STATE BY WAY OF STATUE

• IT GIVES INDEFEASIBLE RIGHTS TO THE REGISTERED OWNER UNLESS THE LAND HAS BEEN OBTAINED BY FRAUD OR MISREPRESENTATION.

o COMPUTERISED LAND REGISTRATION SYSTEM



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LAND TENURE AND OWNERSHIP

o ALIENATION IS LIMITED ONLY TO:

CITIZENS LOCAL COMPANIES

• REGISTERED WITH THE BRUNEI ECONOMIC DEVELOPMENT BOARD

• LIMITED TO SPECIAL AREAS DECLARED AS ECONOMIC DEVELOPMENT ZONES

OWNERSHIP OF LAND IS THE SURFACE RIGHT ONLY

LAND TENURE;

• FREEHOLD• LEASEHOLD – UP TO 999 YEARS



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LAWS RELATED TO LAND ADMINISTRATION:

o PRINCIPAL LAWS: LAWS OF BRUNEI;• LAND CODE 1909 –CHAPTER 40.• LAND ACQUISITION ACT –CHAPTER 41.• LAND CODE (STRATA) ACT –CHAPTER 189

o OTHERS (INDIRECT)…• PROBATE ACT• STAMP DUTY ACT –CHAPTER 32• TOWN & COUNTRY PLANNING ACT 1972 -CHAPTER• LICENSED LAND SURVEYORS ACT –CHAPTER 100• SHARIAH LAW


Haji Rahmad Haji Japar (Acting Commiisioner of Land) Negara Brunei Darussalam Geospatial Forum 17 -19 September 2012, Hanoi, Vietnam

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ECONOMIC DEVELOPMENT:

Relaxation in the restrictions should be made available

o Land tenure and ownership Land should be made available for

development purposes, easily and cheaplyo Commercial and industrial areas for foreign

investment Planning legislation should be enactedo Master Plan o District Plano Local Plan Encourage private property development


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FUTURE CHALLENGES: GLOBAL EVENTS & PHENOMENA

o ECONOMIC UNCERTAINTIESo ENVIRONMENTo GLOBAL WARMINGo POPULATION INCREASEo URBANIZATIONo POVERTYo FOOD SECURITYo INFRASTRUCTURE



THANK YOU



Presented by HJ RAHMAD HAJI JAPAR Acting Commissioner of Land Ministry of Development

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