TEMPORARY OCCUPATION LICENCE

Sharifah Zubaidah21st March 2012

What We Will Cover:

• 1) Meaning of T.O.L• 2) Nature of T.O.L• 3) Power to grant T.O.L.• 4) Period of T.O.L. and Right to Renew• 5) Rights of a T.O.L. Holder• 6) Restrictions of a T.O.L.• 7) Termination of T.O.L.• 8) Special Purpose T.O.L.

MEANING:

• “a permission granted by the State Authority to any person or body for the purpose of a

specified activity on the land, without which, the person or body

would be deemed an unlawful occupier”

• (Prof. Nik Abdul Rashid, 1978)

Nature of T.O.L.

Licence to occupy.

Limited duration.

Specified purpose.

Discretion of State Authority to renew.

Power to Grant

Power of State Authority(ss.65-69 NLC)

State land,Reserved land,Mining land.

Power to grant and renew exercised bythe Land

Administratoron behalf of SA.

Period of T.O.L.

• S.67:

• ‘for a term expiring no later than the end of the calendar year in which it commences’

• It is not accurate to say that the duration of a TOL is one calendar year (12 months).

Form for T.O.L.

• See Form 4A at the back of your NLC.

• Prescribed by s.67.

Short period restricts types of activities on TOL land

• Cannot erect ‘permanent buildings’

• Cannot plant ‘permanent crops’

Right to Renew

• S. 67(3)• No automatic renewal.• Must apply before

expiry.

• “There is provision for the TOL to be renewed annually but there is no obligation on the part of the authorities to grant a renewal of a TOL for any subsequent year.”

• (Teh Bee v K. Maruthamuthu)

Expiry of TOL and Effect of Failure to Renew

• Land goes back to the State.• Ex-TOL holder becomes unlawful occupier of

State land.• Liable to be prosecuted under s. 425 NLC• See: PP v Yap Tai

Rights of a TOL Holder

• 1) To possess and enjoy the land. (s. 44(1) NLC)

• Therefore: right to sue for trespass.

• See Julaika Bivi v Maidin(1961)

• 2) Right to Grant a tenancy on TOL land or rooms in buildings on TOL land.

• Govindaraju v Krishnan• Ban Seng v Yap Pek Soo• Tindok Besar Estate v

Tinjar Co.

• 3) Right to renew the TOL. (s. 67(2) NLC and Teh Bee’s case)

RESTRICTIONS OF A TOL

A TOL CANNOT be transferred or assigned (s.68)

• Hee Cheng v Krishnan• P’s application for

specific performance of a contract to sell the defendant’s rights in a TOL land and a house built on TOL land was dismissed.

• Contract was an illegal contract under s.24(e) of the Contracts Act.

• Paruvathy v Krishnan

A contract to sell a house built on TOL land not by the TOL holder is valid

• Cheo Lean How v Fock Fong Looi