The Land Consulting Practitioner – Enabling Legislation in Urban Transition – The Way Forward

Abstract:

The government of Malaysia had earlier launched Vision 2020 and recently the Economic Transformation Programs (ETPs) to be well-equipped to become a developed nation. There are NKRAs laid down for implementation. Amongst others, there are infrastructure provisions to stimulate the economic growth of the country. As part of the ETPs, the government had launched an Oil and Gas hub in Pengerang, Johor in 2012. Others big projects are Iskandar Malaysia, ECER, SCORE, NCER, the Greater KL city project and the redevelopment of Kampong Baru City Centre. In so doing, there are many land development projects worth billions of ringgit involving huge tracts of lands. These are vital important   urban transitions. Most definitely, these big infrastructure projects require fully and highly committed property professionals including urban planners. Are they capable of delivery in highly professional manner? Recent studies on selected land administrators in Peninsular Malaysia showed that there is an urgent need  for improvements in many areas of land administration. As such, the government had initiated a study to strengthen the land and property profession by formulating a Professional Land Consultancy Act (PLCA), which study has been entrusted to the Malaysia Professional Land Society (PERTAMA) in 2015. The PLCA, which has been drafted by a Drafting Committee of PERTAMA, is aimed at strengthening the land and property professionals (collectively referred hereinafter as “Land Practitioner”) by incorporating niche areas of specialisation such as land alienation, land dealings, land development, land use planning, auctioneering, property conveyancing, land acquisition, waqf land management, social impact assessment and so forth. In matters of land acquisition and compensation, for example, there is an urgent need for land acquisition specialists able to handle lengthy procedures and multiplicity of landowners’ behaviours. The empirical study involved an analysis on the strength and weaknesses of existing Land Practitioners. The ultimate objective is to highlight how the Land Practitioner should perform his tasks in line with transformation of urban transition agenda. The draft legislation (PLCA) will lay the groundwork for any person who has the necessary land related academic qualification and gained the relevant working experience in the relevant fields to gain the credentials under the law to begin a professional career in Land Practice in his chosen area of specialisation.

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