Yap: New Land Code amendments safeguard Sarawak's resources, endowment lands

Borneo Post

20-05-2025

Wilfred Yap. – Photo by Chimon Upon
KUCHING (May 20): The introduction of Sections 32AA and 171A into the Sarawak Land Code reflects Sarawak's evolving needs and ensures that its land legislation remains just, relevant, and functional, said Wilfred Yap (GPS Kota Sentosa).
Section 32AA introduces a crucial safeguard by prohibiting the transportation of rock materials outside Sarawak without a valid licence, he said.
'Our rock materials – gravel, sand, limestone, and other minerals – are vital natural resources that play a key role in our economy, environment, and cultural identity. Without proper regulation, unlicensed extraction and transportation could lead to serious environmental degradation, including soil erosion, river siltation, and habitat destruction,' said Yap.
This provision is fully in line with Sarawak's constitutional right to manage and protect its natural resources, he said when debating on the Land Code (Amendment) Bill 2025 at the Sarawak Legislative Assembly (DUN) sitting today.
A robust licensing system not only ensures compliance with environmental, labour, and safety regulations but also secures rightful revenue for the state through royalties, taxes, and fees, he said.
Licensing enhances transparency, allows for effective monitoring, and deters illegal mining activities, he pointed out.
Yap then said he disagreed with the observations Chong Chieng Jen (DAP Padungan), pleading for leniency on behalf of offending transporters.
The principles of natural justice are fundamental legal rules that ensure fairness in decision-making processes, Yap argued.
'For a person transporting rock materials, for example sand, gravel and stones, these principles apply in cases involving regulatory enforcement, licensing, penalties, or disputes.'
Yap said these key principles include right to a fair hearing and the inherent right to challenge an adverse decision before a higher authority or court.
The absence of such control risks irreversible damage to Sarawak's ecosystem, the depletion of resources, and loss of state revenue.
'Section 32AA, therefore, is a proactive and necessary measure that reinforces Sarawak's legal sovereignty and environmental stewardship,' said Yap.
The new Section 171A provision addresses the legal status and protection of endowment lands, or wakaf, which have long supported religious and charitable institutions such as mosques, churches, temples, and mission schools, Yap pointed out.
These lands are not only spiritual assets but also economic ones, often providing income to fund religious, educational, health, and community services, he said.
'However, in the absence of a specific legal framework, endowment lands remain vulnerable to encroachment, mismanagement, or unlawful acquisition.
'Section 171A will provide legal clarity, safeguard ownership rights, establish dispute resolution mechanisms, and impose penalties for violations,' he said.
Yap said the introduction of Section 171A is both forward-looking and essential and, provides the necessary legal protections for endowment lands, ensuring transparency, preventing abuse, and enhancing the contributions of religious bodies to Sarawak's social fabric.
The proposed Sections 32AA and 171A represent thoughtful and strategic legislative improvements that will benefit Sarawak economically, environmentally, and socially, said Yap when supporting the bill, tabled earlier on by Second Minister of Natural Resources and Urban Planning Datuk Amar Awang Tengah Ali Hasan. DUN sitting Land Code (Amendment) Bill transportation wakaf Wilfred Yap