‘Given the power to abuse’

With the amendment of the Land Custody Development Authority Bill, many fear the authority's powers will be abused, especially when it comes to native land.

KUCHING: The State Legislative Assembly has amended the Land Custody Development Authority (LCDA) Bill giving it wide powers. But the feeling here is that the powers will be abused, especially when it comes to native customary rights (NCR) land.

Sarawak PKR chief Baru Bian said he is worried that with the move, the NCR can be exploited in the name of development.

“What we are concerned about is the abuse of power and the exploitation of the people in the development of NCR land,” he said at a press conference at the end of the third day of the state assembly sitting.

Bian, Ba’Kelalan MP, who is a lawyer specialising in native customary rights, said that there are many loopholes in the Bill.

“As it stands, I do not approve of the proposed Bill. But let me make it very clear that we do not oppose development of NCR land,” he said.

“When we talk about development of NCR land, the principal ordinance is already there. Whether or not we approve the proposed amended Bill, the development (right) is already given under LCDA.

“The only thing that we need to consider now is whether the Bill is helpful to the natives and whether the idea is good or not,” he said.

One of his main objections is that joint venture companies undertaking the development of NCR land will be incorporated as a government agency under the LCDA.

“This is dangerous if there are problems with the JV agreements between LCDA and the natives, but seeking legal will not be possible.

“Taking an injunction against the government is not allowed under the law. If there is misunderstanding among the people, JV native companies and the government, no action can be taken. However, under the Public Authority Act, you can take action against the government within 36 months,” he said.

Strong objections

Bian suggested that notices to notify landowners affected by the proposed development should be specific .

“We suggest that the notice should be very specific including pinning the notice of proposed development on the doors of the tuai rumah (longhouse chiefs).

“In my experience, lots of issues pertaining to these developments… are not known to the rural people if such notices are to be published in the newspapers,” he said.

Bian added that the proposed development area must be made known to the the people.

“Let’s say that the area has been declared for development but there is no communication with the natives. Suddenly they find out that the area has already been developed, say, three years later. It is difficult to sue as the 36-month period is almost over,” he said.

Meanwhile, the amendment to the LCDA Bill was passed despite strong objection from the opposition members. Twelve members took part in the debate – eight from the BN, three from DAP and one from PKR.

Kota Sentosa DAP assemblyman Chong Chieng Jen’s debate was interrupted following rowdy reactions from the BN members.

In winding the debate, Land Development Minister James Masing said that the amended Bill will help the government to further develop the NCR land, pointing out that the state government had faced various challenges in its efforts to develop NCR land.

Under the amendment, the government is obliged to take care of the interests of both the investors and the landowners.

Admitting that there are some weaknesses in the government policy, Masing said that it is constantly finding ways and means to improve it.