Legal And Administrative Consideration In Underground Land

LEGAL AND ADMINISTRATIVE CONSIDERATION IN UNDERGROUND LAND DEVELOPMENT 

Dr Khadijah Hussin (Leader)

Prof Sr. Dr. Megat Mohamed Ghazali Megat Abd Rahman

Assoc. Prof. Dr. Mohammad Tahir Sabit Mohamad

En Kamaruzaman Abdul Rasid

(Research Assistant)

Farah Zaini

Nor Aisyah Jamalludin

[Universiti Teknologi Malaysia (UTM)]

ABSTRACT

The Rapid Growth Of Urban Development Has Resulted in The Use Of Underground Land As Alternative Choice To Maximize The Utilization Of The Land In Malaysia, The National Land Code 1965 Was Amended To Insert A New Part Five (A) To Enable State Authority To Dispose Underground Land And Gives State Authorities A Clear Power To Dispose Underground Land Of New Cases Of Land Disposal. Together With That, Federal Land And Mines Office (Jkptg) Has Also Issued A Guideline For The Same Purpose Which To Provide A Basis For The Legal Framework Of Underground Land Development. Recently, Many Arguments Are Showing Up Especially In Term Of Ownership. For Underground Land, The Depth Is Considered As Boundaries Of Surface And Underground Ownership. Since The Legislations Provided Is Still Ambiguous, There Is An Urgent Need To Define The Rights Also The Boundaries Of The Surface And Underground Land Ownership. Hence, This Research Aims To Identify The Issue In The Legal And Administrative Issues In Term Of Ownership And The Right To Develop Underground Land, To Examine The Legal Implementation Of Surface Land Use Regulations For Underground Land Development And Also To Determine The Restrictions Associated With The Development. In Order To Achieve The Aim And Objectives Of The Study, The Pure Qualitative Study Is Applied. However, The Use Of Comparative Study Will Focus On The Two Countries In Their Experience In Handling The Underground Land Development In Term Of Its Legal And Administrative Point Of View. The Strategy For Underground Land Development Is Proposed At The End Of The Research To Assist The Administration In Term Of Its Legal And The Administration Of The Underground Land Development.