Temporary Occupation Licence (TOL)

1.0 INTRODUCTION

Temporary occupation licence (TOL) is temporary validity for occupiying the

government or reserved land which had been permitted by the state local

government according to seksyen 65 National Land Code 1965 to individual, holding

or company. The period of time that had been given by the state local government is

1 year which will be terminate on the 31st December each year. After 31st

December, the land will be handed back to the State Local Government. The

reasons the TOL had been terminated is because of breach of condition and had

been given reparations payment. The Temporary occupation licence (TOL) must be

renew anually. Temporary occupation licence (TOL) doesn’t give the right guarantee

to the licence holder to get land with government proprietory.

2.0 THE APPLICATION OF TEMPORARY OCCUPATION LICENCE (TOL)

Application for the state land with Temporary occupation licence (TOL) can be done

in the situation state below:

i. Temporary usage of the land. For example food stall, vegetation plantation,

digging pond for fishery pond, assembles the bill board, nursery, stor, parking

and other temporary usage.

ii. Government use the land for the long term project.

iii. Any picking activity such as cocoa, coffee seed, or palm oil or rubber tapping

on the government land on the state land. The Temporary occupation licence

(TOL) had been permitted on a land that use for place the crops on the

permitted land. All at once, with the tapping right during the fruit season or as

long the rubber tree can be tap.

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3.0 TERMS AND CONDITIONS OF TEMPORARY OCCUPATION LICENCE

(TOL)

By virtue of section 67(1) and (2) and 68 of the National Land Code, every

TOL issued is subject to the following conditions:

i. It will expire at the end of the year in which it commences unless it is

for the purpose of enabling any public exibition or entertainment to be

held (see also paragraph 2 below);

ii. It should not be used for any purpose other than that stated in it;

iii. It should not be used for the planting of permenant crops;

iv. It should not be used for the erection of an permanant building or other

permanant structure;

v. It may be renewed anually;

vi. It is not capable of assignment (see also paragraph 2 below);

vii. It shall terminate in the event of the death of the person or the

dissolution of the body whom it was issued;

viii. It may be cancelled immediately, and without payment of

compensation upon the breach of any provision to which it is subject;

and

ix. It may be cancelled upon payment of compensation (to be agreed or

determined in accordance with section 434 of the National Lnad Code)

at any time before the date of expiry.

The conditions as in paragraphs 1 and 1(vi) above could be different in the

SLR specifies a different expiry date for a TOL and contains a provision for

assignment. A licence may contain other conditions as prescribed in the SLR.

As stated in section 68 of the NLC, a TOL issued to a body shall not terminate

upon its dissolution in a situation as provided in section 416.

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4.0 APPROVALS of TEMPORARY OCCUPATION LICENSE (TOL)

There are a few types how to approving an application of TOL. This licence is not

transferable or assignable in any manner whatsoever and must be produced on

demand to the Director of Lands and Surveys or any Collector or Assistant Collector

of Land Revenue. The licensee shall comply with the reasonable requirements of

any Government Health Officer. Among those who is involved are State Authority,

Land Administrator, Land and Mineral and Executive Council.

4.1Approvials By State Authority “Pihak Berkuasa Negeri” (PBN)

Land is under state authority power. Therefore, only state authority eligible to

approve the Temporary Occupation License (TOL). State authority can

approve a license or permit which is behave temporary for particular purpose

and it was limited. In the other hand, state authority also can to end the period

of TOL.

If State Authority experiences the land is necessary for future development

and refuse to gift to anyone, then they can use TOL. This licence is for

temporary use only. The example is;-

To farm supply not remain crop and seasonal crop;

Build the house or temporary type building or that can in change;

Public show as circus etc more.

4.2Approvals By Land Administrator “Pentadbir Tanah Daerah” (PTD)

In this level, the Land Administrator will be managing to approve the

application such as;

a. Approving the applications from widow or child TOL holder who have

died.

To renew temporary occupation licence that has been approved

and no condition violation.

Application Temporary Occupation Licence TOL for signboard,

advertisement, performance public, religious, entertainment, circus

and shed or stall.

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4.3 Approvals By Director of Land and Mineral “Pengarah Tanah dan

Galian” (PTG)

The Director of Land and Mineral also have their function about the TOL

application such as;

Application Temporary Occupation Licence TOL for purpose to remove

dregs seed such as mines stone, sand, iron rust and others.

4.4 Approvals By Executive Council “Majlis Mesyuarat Kerajaan”

(MMK)

The application to approving for Temporary Occupation Licence (TOL) by the

Executive Council is about other application than those mentioned above.

5.0 PAYMENT OF TEMPORARY OCCUPATION LICENCE (TOL)

Payment for Application of TOL is RM10.00 for building site use. Meanwhile, there

are about RM5.00 must be paid for TOL’s application which is use for agricultural.

Payment for Amanah is 20% from value of crops by Land Administrator if “tapping

right” or to collect fruits or rubber from the Government lands.

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5.1 Rate for Temporary Occupation Licence (TOL):-

BilBandar

RM (Setahun)

PekanRM

(Setahun)

DesaRM (Setahun)

1

Rumah Kediaman

Setiap 1,000 kaki persegi atau

sebahagian daripadanyaRM40.00 RM30.00 RM20.00

Tambahan setiap 1,000 kaki

persegi atau sebahagian

daripadanya

RM10.00 RM8.00 RM7.00

2

Rumah Kedai/Restoran





daripadanya dikenakan bayaran

tambahan

RM20.00 RM16.00 RM10.00

3 Gerai RM 40.00 RM20.00 RM10.00

4 Bengkel RM100.00 RM50.00 RM25.00

5 Bangsal RM50.00 RM25.00 RM15.00

6 Nursery RM100.00 RM100.00 RM100.00

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Papan Iklan






tambahan

RM10.00 RM8.00 RM7.00

8 Setor



Tambahan setiap 1,000 kaki RM10.00 RM8.00 RM7.00

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tambahan

9Tempat Letak Kereta

RM100.00 setahun bagi setiap 1,000 kaki

persegi atau sebahagian daripadanya.

10Pertunjukkan Awam

RM50.00

sehari

RM50.00

sehari

RM50.00 sehari

11 Pertunjukkan Awam untuk

tujuan keagamaan

RM10.00

sehari

RM10.00

sehari

RM10.00 sehari

12Jeti

RM40.00 setahun bagi setiap 1,000 kaki

persegi

13Portable Sawmill

RM800.00 seekar setahun atau

sebahagian daripadanya

14Stokpile


sebahagian daripadanya

15Jalan


sebahagian daripadanya.

16 Kegunaan menangkap ikan di

laut (Kelong)RM50.00 - RM500.00 setahun

17 Jermal RM50.00 - RM400.00 setahun

18 Tegok/Ambai RM50.00 - RM300.00 setahun

19 Belat Pok RM50.00 - RM250.00 setahun

20 Lain-lain RM50.00 - RM200.00 setahun

Untuk Memungut Atau Memetik

Buah-Buahan dan Menoreh

Getah

21 Durian tiap-tiap sepokok

setahun

Tidak kurang daripada RM10.00 dan tidak

lebih daripada RM50.00

22 Kelapa tiap-tiap sepokok

setahun

RM5.00

23 Getah tiap-tiap sepokok Tidak kurang daripada RM1.00 dan tidak

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setahun lebih daripada RM5.00

Untuk Memungut Atau Memetik

Buah-Buahan dan Menoreh

Getah

24 Kelapa sawit tiap-tiap sepokok

setahun

Tidak kurang daripada RM5.00 dan tidak

lebih RM20.00

25 LPS di Tanah Lombong

Untuk membuang hampas bijih RM 30.00 seekar setahun atau

sebahagian darinya.

6.0 Government Roles For Temporary Occupation License

Normally under section 65 TOL are controlled by State Authority. The State Authority

is empowered to issue the Temporary Occupation License in respect of state land,

mining land not for the time being used for the purposes of mining and reserved land

not for the time being used for which it is reserved.

There are two roles that played by government for Temporary Occupation License,

such as restricted and permitted Purpose, for which otherwise the occupant would

have become a trespasser, an illegal squatter and if not for the permission.

6.1 Restricted and Permitted Purpose

For the restricted and permitted purpose it refers to the state authority are the

authorities that have a responsibility to renew the grant of TOL. The

Temporary of license will be renewed maximum of three times by land

administrator. State authority are prescribed a permit to extract and remove

material but in the normal TOL it may issued for a maximum term of five years

or even longer. Based on the section 68 expressly provides that TOL shall not

be capable of assignment and that every TOL shall terminate on the death of

the holder or in the case of a corporation upon its dissolution.

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For the restricted purpose state authority also have a power to make sure the

condition of the granted license for Temporary occupant license are followed

before get the Temporary occupant license.

6.2 Occupant Would Have Become a Trespasser.

The State authority also have the responsibility to transfer the holder of the

TOL to another holder during the original holder still alive but if the owner of

TOL are died and they are not transfer the TOL holder during their lifetime,

the State authority are responsible to make sure the grant are not using yet,

and take off that grant, to make sure there is no people leave as a squatters.

6.3 Implementing And Monitoring The TOL

State authority also have a responsibility to make sure there is no squatters

and for illegal occupant. Such as make sure there is no un registered license

and un-renewed TOL. In section 65(1) of the National Land Code specifies

that the state Authority may permitted the temporary occupation under license

in respect of any of the following lands such as state land, mining land not for

the time being used for purpose of mining and reserved land not for the time

being used for purposes for which it was reserved.

7.0 TOL APPLICATION PROCESS

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There are 2 application processes:

a. For TOL to use state land for stated purposes.

b. To collect or pick fruits or rubber tapping on state land.

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Supplicant has to fill up the form of land applicationSupplicant has to fill up the form of land application

‘Juru surih’ will check the record in settlement department to make sure the requested land is still state land

‘Juru surih’ will check the record in settlement department to make sure the requested land is still state land

District Land Administrator (PTD) will make decision to approve or not the form of application

District Land Administrator (PTD) will make decision to approve or not the form of application

If the application is approved, the supplicant has to submit the application using land application form

If the application is approved, the supplicant has to submit the application using land application form

The application will be check to ensure the completeness of information and document. The application will be check to ensure the completeness of information and document.

The Settlement Administration do site visit, make a report, provide plan and transfer to the Administrator’s Officer of District Land (PPTD)

The Settlement Administration do site visit, make a report, provide plan and transfer to the Administrator’s Officer of District Land (PPTD)

PTD/PPTD ask for commentary from these department :Majlis Daerah/Perbandaran/BandarayaJabatan Perancang Bandar dan Desa NegeriJabatan Kerja Raya (JKR)Others department are related

PTD/PPTD ask for commentary from these department :Majlis Daerah/Perbandaran/BandarayaJabatan Perancang Bandar dan Desa NegeriJabatan Kerja Raya (JKR)Others department are related

If the approvement is under PTD’s control, PTD will make the decision after receive the comments from others department. If the approvement is under MMK’s control, PTD

will provide the letter to the Administrator of PTG (Pejabat Tanah & Galian).







The application is present in meeting of ‘Jawatankuasa Hasil Bumi’ by PTG and transfer to MMK

The application is present in meeting of ‘Jawatankuasa Hasil Bumi’ by PTG and transfer to MMKThe reporter sends the decision of MMK to PTGThe reporter sends the decision of MMK to PTG

9.0 Sources and Refferences

Abdul Aziz Husin, Lesen Pendudukan Sementara

Lesen Pendudukan Sementara, Majlis Daerah Rembau, www.ns.gov.my

Salleh Buang (1987), Temporary Occupation License Some Proposals for Reform

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PTG sends the decision to PTDPTG sends the decision to PTD

PTD inform the decision to supplicant. If the application are approve, the supplicant need to pay the fee.

PTD inform the decision to supplicant. If the application are approve, the supplicant need to pay the fee.

The supplicant receives TOL after pay the fee.The supplicant receives TOL after pay the fee.

At the end of the year, the supplicant needs to submit the TOL renew application at Land Office.

At the end of the year, the supplicant needs to submit the TOL renew application at Land Office.

Appendix:

TOL Forms

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Documents

Temporary Occupation Licence (TOL)