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Legal considerations for urban underground space development in Malaysia

In 2008, the Malaysia land code, named the National Land Code 1965 (NLC 1965), was amended to add Part Five (A) to deal with the disposal of underground space. In addition, the Circular of the Director General of Lands and Mines No. 1/2008 was issued to assist the application of Part Five (A) of the...

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Main Authors: Zaini, F., Hussin, K., Raid, M. M.
Format: Article
Language:English
Published: Tongji Univ Press 2017
Subjects:
HT101-395 Sociology, Urban
Online Access:http://eprints.utm.my/id/eprint/77262/1/K.Hussin2017_LegalConsiderationsforUrbanUnderground.pdf
http://eprints.utm.my/id/eprint/77262/
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spelling my.utm.772622018-06-29T21:27:13Z http://eprints.utm.my/id/eprint/77262/ Legal considerations for urban underground space development in Malaysia Zaini, F. Hussin, K. Raid, M. M. HT101-395 Sociology, Urban In 2008, the Malaysia land code, named the National Land Code 1965 (NLC 1965), was amended to add Part Five (A) to deal with the disposal of underground space. In addition, the Circular of the Director General of Lands and Mines No. 1/2008 was issued to assist the application of Part Five (A) of the NLC 1965. However, the legislation is still questionable and has instigated many arguments among numerous actors. Therefore, this research was undertaken to examine legal considerations for the development of underground space. The focus is on four legal considerations, namely underground space ownership, the bundle of rights, depth, and underground space utilization. Rooted in qualitative methods, interviews were conducted with respondents involved in the development of underground space in Malaysia. The obtained data were then analyzed descriptively. The findings differentiated the rights of landowners for surface land and underground space, and their liability for damages and the depth. It was indicated that the current legislation in Malaysia, namely Part Five (A) of the NLC 1965 and the Circular of the Director General of Lands and Mines No. 1/2008, is adequate to facilitate the development of underground space in terms of legal considerations. However, to further facilitate the development of underground land in the future, based on the research, four enhancements are recommended for legal considerations pertaining to the development of underground space in Malaysia. Tongji Univ Press 2017 Article PeerReviewed application/pdf en http://eprints.utm.my/id/eprint/77262/1/K.Hussin2017_LegalConsiderationsforUrbanUnderground.pdf Zaini, F. and Hussin, K. and Raid, M. M. (2017) Legal considerations for urban underground space development in Malaysia. Underground Space, 2 (4). pp. 234-245. ISSN 2467-9674 DOI:10.1016/j.undsp.2017.11.001
institution Universiti Teknologi Malaysia
building UTM Library
collection Institutional Repository
continent Asia
country Malaysia
content_provider Universiti Teknologi Malaysia
content_source UTM Institutional Repository
url_provider http://eprints.utm.my/
language English
topic HT101-395 Sociology, Urban
spellingShingle HT101-395 Sociology, Urban
Zaini, F.
Hussin, K.
Raid, M. M.
Legal considerations for urban underground space development in Malaysia
description In 2008, the Malaysia land code, named the National Land Code 1965 (NLC 1965), was amended to add Part Five (A) to deal with the disposal of underground space. In addition, the Circular of the Director General of Lands and Mines No. 1/2008 was issued to assist the application of Part Five (A) of the NLC 1965. However, the legislation is still questionable and has instigated many arguments among numerous actors. Therefore, this research was undertaken to examine legal considerations for the development of underground space. The focus is on four legal considerations, namely underground space ownership, the bundle of rights, depth, and underground space utilization. Rooted in qualitative methods, interviews were conducted with respondents involved in the development of underground space in Malaysia. The obtained data were then analyzed descriptively. The findings differentiated the rights of landowners for surface land and underground space, and their liability for damages and the depth. It was indicated that the current legislation in Malaysia, namely Part Five (A) of the NLC 1965 and the Circular of the Director General of Lands and Mines No. 1/2008, is adequate to facilitate the development of underground space in terms of legal considerations. However, to further facilitate the development of underground land in the future, based on the research, four enhancements are recommended for legal considerations pertaining to the development of underground space in Malaysia.
format Article
author Zaini, F.
Hussin, K.
Raid, M. M.
author_facet Zaini, F.
Hussin, K.
Raid, M. M.
author_sort Zaini, F.
title Legal considerations for urban underground space development in Malaysia
title_short Legal considerations for urban underground space development in Malaysia
title_full Legal considerations for urban underground space development in Malaysia
title_fullStr Legal considerations for urban underground space development in Malaysia
title_full_unstemmed Legal considerations for urban underground space development in Malaysia
title_sort legal considerations for urban underground space development in malaysia
publisher Tongji Univ Press
publishDate 2017
url http://eprints.utm.my/id/eprint/77262/1/K.Hussin2017_LegalConsiderationsforUrbanUnderground.pdf
http://eprints.utm.my/id/eprint/77262/
_version_ 1643657540401102848
score 13.211869

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