Abstract
The coastal Malays in particular regarded the seas as natural appurtenances to the land they occupy. Sovereign nations exercised absolute sovereignty and jurisdiction in seas covering the whole of sovereignty area of Malaysia. The seas surrounding the land played a significant role in the defence, economic, and political matters of the nation concerned. The sovereignty of nation depend on concept of unity between land and water expressed by the Malay word ‘tanahair’ which literally means land and water is depict to the meaning of native land. Such was already the significance and appreciation of the seas in this region. As early as 1276, during the reign of Sultan Muhammed Shah the first sovereign of the Malacca Sultanate, it was found that the Malays had already designed a set of laws of the sea applicable in sea areas within the jurisdiction of the Malacca Sultanate. These laws were referred to as the Malaca Code. Furthermore, introduction of marine cadastre is a new kind of sea uses, spatial extension of ongoing sea uses and the need to better protect and better arrangement of marine parcel for various users, as well as between the users and the environment. Marine cadastre legal framework is the process to define the marine alienation and marine spatial planning to allocate space for specific uses which can help to avoid user conflicts, to improve the management of marine spatial claim and sustain an ecosystem-based management of ocean.
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Appendix
Appendix
National laws pertaining to marine matters
No | Category | Laws and regulations |
|---|---|---|
1 | Port | Penang Port Commission Act, 1955 (Act 140) |
Port Authorities Act, 1963 (Act 488) | ||
Port Workers (Regulations of Employment), 2000 (Act 607) | ||
Sabah Port Authority (Consequential Provisions) Act, 1968 (Act 25) | ||
Declaration of an Area in Bintulu District to be a Federal Port Act, 1979 (Act 217) | ||
Bintulu Port Authority Act, 1981 (Act 243) | ||
Ports (Privatisation) Act, 1990 (Act 422) | ||
2 | Shipping | Carriage of Goods by Sea Act, 1950 (Act 527) |
Merchant Shipping Ordinance, 1952 | ||
Merchant Shipping Ordinance, 1960 (Sabah) | ||
Merchant Shipping Ordinance, 1960 (Sarawak) | ||
State Boat Rules | ||
3 | Light house | Federation Light Dues Act, 1953 (Act 250) |
4 | Non-living resources | Petroleum Mining Act, 1966 (Act 95) |
Petroleum Development Act, 1974 (Act 144) | ||
Petroleum and Electricity (Control of Supplies) Act, 1974 (Act 128) | ||
Petroleum (Safety Measures) Act, 1984 (Act 302) | ||
Petroleum (Income Tax) Act, 1974 (Act 543) | ||
5 | Living resources/Fisheries | Fisheries Act, 1985 (Act 317) |
Fisherman’Association Act, 1971 (Act 44) | ||
Lembaga Kemajuan Ikan Malaysia Act, 1971 (Act 49) | ||
National Forestry Act, 1984 (Act 313) | ||
6 | Natural resources | Continental Shelf Act, 1966 (Act 83) |
Baseline of Maritime Zone Act, 2006 (Act 660) | ||
Exclusive Economic Zone Act, 1984 (Act 311) | ||
Sarawak Natural Resources and Environment (Prescribed Activities) Order, 1994 | ||
Sabah Conservation of Environment (Prescribed Activities) Order, 1999 | ||
National Land Code, 1965 | ||
7 | Jurisdiction | Emergency (Essential Powers) Ordinance, 1969 (Act 216) |
Extra Territorial Offences Act, 1976 (Act 163) | ||
State Land Rule | ||
8 | Enforcement | Immigration Act 1959/63 (Revised 1975) (Act 155) |
Internal Security Act, 1960 (Act 82) | ||
Police Act, 1967 (Act 344) | ||
Malaysian Maritime Enforcement Agency Act, 2004 (Act 633) | ||
Military Maneuvers Act, 1983 (Act 295) | ||
Armed Forces Act, 1972 (Act 77) | ||
Penal Code (Revised 1977) (Act 140) | ||
Custom Act, 1967 (Revised 1980) (Act 235) | ||
Evidence Act, 1950 (Revised 1971) (Act 56) | ||
Poison Act, 1952 (Revised 1989) (Act 366) | ||
9 | Tourism | Malaysia Tourism Promotion Board Act, 1992 (Act 481) |
Tourism Industry Act, 1992 (Act 482) | ||
Tourist Development Corporation of Malaysia Act, 1972 (Act 481) | ||
10 | Heritage and antiquity | Antiquities Act, 1976 (Act 168) |
Antiquities and Treasure Ordinance, 1957 | ||
11 | Telecommunication | Telecommunication Act, 1950 (Act 588) |
Telecommunication Services (Successor Company) Act, 1985 (Act 322) | ||
Communication and Multimedia Act, 1998 (Act 588) | ||
12 | Dispute settlement | Convention on the Settlement of Investment Disputes Act, 1966 (Act 392) |
Arbritration Act, 1952 (Revised 1972) (Act 93) | ||
Convention on the Recognition and Enforcement of Foreign Arbitral Awards Act, 1985 (Act 320) | ||
13 | Forestry/Wildlife | National Forestry Act, 1984 (Act 313) |
Protected Areas and Protected Places Act, 1959 (Act 298) | ||
Protection of Wild Life Act, 1972 (Act 76) | ||
Fauna Conservation Ordinance (Sabah), 1963 | ||
Wildlife and Birds Protection Ordinance, 1955 | ||
Forest Enactment 1968 (Sabah) | ||
Forest Enactment 1954 (Sarawak) | ||
Planted Forest Rules of Sarawak, 1997 | ||
Land Conservation Act, 1960 | ||
Malaysian Forestry Research and Development Board Act, 1985 | ||
National Parks and Nature Reserves Ordinance, 1998 |
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Abdullah, A. et al. (2017). Marine Cadastre Legal Framework for Malaysia. In: Yomralioglu, T., McLaughlin, J. (eds) Cadastre: Geo-Information Innovations in Land Administration. Springer, Cham. https://doi.org/10.1007/978-3-319-51216-7_21
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