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12. Powers of Director of Lands and Mines in relation to
applications. (1) On receiving any application
made under section 10, the Director shall-
(a) approve the subdivision
if it appears to him that the conditions specified in section 9 are satisfied;
and
(b) in any other case, reject
the application.
(2) Where he has approved any application for subdivision
of building, the Director shall-
(a) transmit to the Director
of Survey the application and other accompanying documents; and
(b) notify the Land Administrator
of the approval and direct him to collect from the proprietor, fees as notified
by the Director of Survey under subsection (9) of section 10 and fees for
the preparation and registration of strata titles.
(3) Where he has rejected any such application, the Director
shall notify the Land Administrator who shall forthwith inform the proprietor
and shall cancel or cause to be cancelled the note thereof endorsed on the register
document of title pursuant to subsection (8) of section 10.
13. Action by Director of Survey after approval of subdivision.
(1) Upon receipt of the approved application and the other
documents presented therewith and upon being informed by the Land Administrator
that the fees referred to in paragraph (b) of subsection (2) of section
12 have been duly paid, the Director of Survey shall-
(a) from the relevant
location plan, storey plans and delineation plans,
prepare or cause to be prepared a certified strata plan complying with the
requirements of subsection (2), with such modifications as he may consider
necessary;
(b) file the certified strata
plan in his office;
(c) prepare one copy of the
certified strata plan for retention by the Registrar;
(d) prepare additional copies
of the certified strata plan, or copies of the various folios thereof as mentioned
in subsection (4), for the purpose of attaching them to the issue documents
of title to the parcels which are to be created on the subdivisions; and
(e) transmit to the Director,
the copies so prepared, together with the approved application and other accompanying
documents.
(2) The certified strata plan referred to in paragraph
(a) of subsection (1) shall be a plan delineating, on as many folios as
may be considered most suitable for the purpose, the storeys of the building
or buildings to be subdivided, and the parcels within each storey and every
folio shall contain also-
(a) a plan of the land, showing
the position of every building thereon;
(b) except
for land parcels, a vertical section of the building or buildings to
be subdivided, showing the position therein of the storey or storeys to which
it relates; and
(c) a schedule showing the
approved share units of each parcel and the total number of share units of
all the parcels.
(3) For the purposes of the preparation of any such certified
strata plan, the common boundary of any parcel of a building with any other
parcel, or with any part of the building which is not included in any of the
parcels, shall, except in so far as it may have been otherwise provided in the
relevant storey plans, be taken to be the centre of the floor, wall or ceiling,
as the case may be or in the case of land parcels, the
boundary shall be defined by its demarcation on the land.
(4) The number of additional copies of the certified strata
plan to be prepared pursuant to paragraph (d) of subsection (1) shall
be as follows:
(a) where any such plan consists
of one folio only, the number of copies shall be equal to the number of parcels
shown thereon; and
(b) where any such plan consists
of two or more folios, the number of copies of each folio to be so prepared
shall be equal to the number of parcels shown on that folio.
(5) For the purposes of this section, the certified strata
plan in respect of a provisional block shall contain a plan showing the position
of the provisional block and the vertical section of the block.
14. Issue of strata titles to individual parcels.
Upon receiving from the Director of Survey the documents referred
to in paragraph (e) of subsection (1) of section 13, and upon being informed
by the Land Administrator that the fees for preparation and registration of
strata titles have been paid, the Director shall direct the Registrar to open
a book of the strata register in accordance with the provisions of section 15
and prepare, register and issue strata titles in accordance with the provisions
of section 16.
14A. Failure to pay amount demanded.
(1) If the original proprietor
fails to pay any amount demanded pursuant to subsection (2) of section 12 within
one month of being served with the demand, he shall be guilty of an offence,
and liable on conviction to a fine not exceeding five
thousand ringgit and to a further fine not exceeding five
hundred ringgit for each day the offence continues to be committed.
(2) The period specified in subsection (1) may, on application
made before its expiry, be extended once by the Director by any further period
not exceeding one month.
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