anilnetto.com

Land conversion: Special circumstances?

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24 Nov 2009

A lot has been said about the conversion of leasehold land to freehold land. The state sometimes relies on the “special circumstances” under section 76(aa)(iii) of the National Land Code 1965 (NLC) to justify the conversion from leasehold to freehold but this section is frequently misunderstood.

The term “special circumstances” is not expressly defined in the NLC. The statutes or the rules of court do not shed much light either. So I asked a senior lawyer to clarify what constitutes “special circumstances”, and this was the reply:

It is left entirely to the opinion and discretion of the courts.

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East Coast floods: Met Dept issues red alert

Environment

Anil Netto

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23 Nov 2009

5

The Malaysian Meteorological Department issued a red alert at 1.30pm, warning that intermittent and sometimes heavy downpours in Kelantan and Terengganu this week could lead to more floods in low-lying areas near river banks.

Thunderstorms in the two states have already forced over 8,000 flood victims to flee to relief centres in Dungun, Kemaman, Marang, Setiu, Hulu Terengganu and Besut.

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Talam debt: Audit needed on state agencies

Anil Netto

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22 Nov 2009

6

A thorough independent audit is needed on the Selangor state agencies that are owed RM391 million by Talam Corp Bhd to find out how the debt arose and who is responsible for allowing it to linger. What wonders it would reveal!

The stage agencies concerned are subsidiaries of Selangor Development Corporation (PKNS), Kumpulan Darul Ehsan Bhd (KDEB), Permodalan Negeri Selangor Bhd (PNSB) and Yayasan Pendidikan Selangor.

State agencies usually come under the purview of top Selangor government leaders, and if these debts go back a decade as has been reported, then those responsible in the previous administrations have to be held accountable.

State agencies are believed to have entered into joint ventures with Talam to develop huge land banks. It was supposed to be a “win-win situation” – but obviously something went wrong, somewhere. Talam reportedly secured large landbanks in Ampang, Sepang, Puchong, Bukit Jalil and Rawang, all prime areas.

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A closer look at Talam Corp Bhd

Anil Netto

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21 Nov 2009

44

The Selangor government’s decision to approve an additional RM391 million budget allocation to Mentri Besar Inc (MBI) to take over the debts owed by Talam Corp Bhd to three state agencies has stirred controversy.

Basically, under the move, MBI will use the money (via Selangor Industrial Corporation as a channel?) to settle the amount that Talam owes subsidiaries of Selangor Development Corporation (PKNS), Kumpulan Darul Ehsan Bhd (KDEB), Permodalan Negeri Selangor Bhd (PNSB) and Yayasan Pendidikan Selangor. The state government (via SIC?) is then supposed to recover the amount due from Talam.

While critics are viewing it as a bailout or window-dressing, Mentri Besar Khalid Ibrahim says the rationale is to ensure that Talam gives a higher priority to its debt (to the state), incurred over the last decade, ahead of its other creditors. On 10 Nov, Khalid gave Talam three months to settle the debt, incurred in connection with several property development projects. That remains to be seen.

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Solid waste act: Whither local councils?

Anil Netto

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20 Nov 2009

4

Two Acts passed in Parliament – the Solid Waste and Public Cleansing Management Act 2007 and the Solid Waste and Public Cleansing Management Corporation Act 2007 – could take away a huge chunk of the powers of local councils.

These Acts allow for the setting up of a federal-level solid waste management corporation that could remove the powers of the local councils to oversee solid waste disposal including collection and disposal of rubbish, grass-cutting and even the cleanliness of public areas such as public toilets, markets and local council roads. The federal body could even take over the management and operations of all disposal sites managed by local councils, including the task of identifying new sanitary disposal sites, transfer stations, and the management and technical oversight of incinerators. Not much left for the local councils to do then. Even recycling activity by NGOs could be affected by the new Acts.

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Another reason why we need more green space

Anil Netto

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19 Nov 2009

17

Many of us know instinctively and intuitively that open green space around us can relax our minds and lift our spirits – somehow we just feel better.

A new study confirms just that: it shows that people living near green space experience less anxiety, depression, heart disease, back pain and asthma than those living in concrete jungles.

“The role of green space in the living environment for health should not be underestimated,” Dutch researchers wrote in a study published in the British Medical Journal’s Journal of Epidemiology and Community Health.

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Law needed to protect access to coastline

Anil Netto

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18 Nov 2009

5

This is something we need – a Marine and Coastal Access Act, which has just become law in Britain. From the UK Telegraph:

South of the border, we’re playing catch-up, but the Marine and Coastal Access Act, which became law on Thursday, is a historic breakthrough. The creation of a continuous, coastal access zone, and the protection of our marine habitats, will help us to see that we belong to a global biosphere. Part of that imaginative leap is the rediscovery of our status as islanders, with a responsibility for our own shores and coastal waters…

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Tiiiiim-ber! Auditor’s report exposes forest loss

Anil Netto

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17 Nov 2009

4

What happens when the Auditor General comes up with a report critical of areas under your ministry’s jurisdiction? Why, you ask for it to be amended, of course!

That’s what Sarawak State Second Minister of Planning and Resource Management Awang Tengah Ali Hassan reportedly did when he asked the Auditor General to amend its Annual Report for 2008. Awang Tengah was unhappy about the bit that cited Sarawak along with Kelantan, Pahang and Johor as having poor forest management that led to river pollution, erosion, landslides and destruction of flora and fauna, according to the Malaysian Mirror.

Here’s one such excerpt from the Auditor’s Report that might help to explain the fuss: the report noted that in Nov 2007 and March 2008, the Sarawak Minister of Planning and Resource Management had fixed six million hectares as the target for permanent forest reserves. But the report added that the Ministry did not say when this announcement would come into effect.

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More on the Botanic Garden mess (updated)

Anil Netto

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16 Nov 2009

20

A total of RM5 million in federal funds has been approved for projects at the Penang Botanic Garden. But would you accept such funds if this was the result?

Photos by three concerned Botanic Garden lovers – Click icon on bottom right to expand to full-screen slideshow mode

These are the projects under the Ninth Malaysia Plan: