Cadastral Reforms In Malaysia

 by Dato’ Abdul Majid Bin Mohamed

Director General

Department of Survey and Mapping, Malaysia

 

ABSTRACT

 This paper enumerates and discusses the various plans and reforms that have occurred within the cadastral framework in the country. As a consequence of these evolvements, work procedures and related implications necessitates a clear and positive response from not only the staff and departments that are involved but also the more important element in the chain that is the client. This paper provides the reader with a commentary of these issues and will also summarise future plans and direction.

 INTRODUCTION

 In Malaysia, cadastral survey is a responsibility of the federal government but land is exclusively a state matter. Therefore, although the Department of Survey and Mapping (DSMM) is a federal department tasked with the responsibility for carrying out cadastral survey, land alienation and dealings remain a prerogative of the respective state governments. The importance of cadastral survey is reflected in the work of the DSMM, in which it forms one of the two major functions.

 DSMM, established in 1885, is one of the oldest government department in the country and it has experienced the tide of technological advancement for more than a decade, since the advent of computer technology in the field of surveying and mapping. During the early days, its main task was that of providing horizontal controls for the purpose of issuing land titles basing on the Torrens System. However, the modern day Department has refocused its mission to one of "providing an efficient and high quality land survey and mapping services and geographical information dissemination system suitable for national requirements."

 To achieve this mission and to fulfill the requirements of national development, DSMM has taken various steps to modernise both its field and office operations. The advent of computer and the rapid development of Information Technology (IT) has resulted in widespread technological reforms in the field of cadastral surveying. Realising the importance and the potential of this new technology, DSMM had initiated its computerisation programme in the early 1980’s.

 The most significant change that IT has brought about is the shift from conventional analog data to digital data and consequently the introduction of the concept of digital database which forms the base component for a Land Information Systems (LIS) which in turn has been identified as having an indispensable role in national development as it aids the process of decision making in resource management and planning.

 CADASTRAL REFORM

 Office Reforms

 In 1986, a Computer Assisted Land Survey (CALS) system pilot project was initiated for the state of Johor. The system has generated, for the first time ever in the history of the Department, a Digital Cadastral Database (DCDB) at a scale of 1:4,000. The success of the Pilot Project in meeting its stated goals, led to the implementation of another CALS in the State of Pahang in 1993. Both systems, which are now growing in obsolescence, have been approved for upgrade under the 7th Malaysian Development Plan (MDP7) and is currently in the process of being replaced.

 The confidence gained by the successful implementation of the earlier CALS projects, and encouraged by the demonstrated increases in efficiency and productivity in the production line, has led to the introduction of the Mini-CALS system in all remaining state departments of Peninsular Malaysia in 1995, thus completing the Department’s initial nationwide computerisation programme. Whilst maintaining the same objectives, the new CALS system differ from its pioneer sister in that it incorporates a decentralised "client-server" workstation configuration, boasts of a "seamless" database, and hosts a Geographic Information System (GIS) suite of software for future integration with information systems of clientele departments. At a relatively cheaper cost the Mini-CALS systems is physically smaller although it has far greater computing prowess than the earlier CALS systems.

 In its effort to further enhance the Department’s service to its increasingly sophisticated clientele, an Image Document Management System will be implemented in all State Survey Departments. The system will integrate the existing CALS and its Digital Cadastral Database (DCDB) to transform the Department’s Counter Service into a modern ergonomic frontier through which the Department serves the public.

 The integrated system known simply as the Cadastral Data Management System (CDMS) will provides a network for the Department to access the DCDB and the Image Library from any Personal Computer within the network, with a single window and single point of access. CDMS is also capable of receiving orders from clients through remote access, e-mail, dial-up etc. as well as providing an automatic invoicing, billing and accounting system. The proposed system will also cater for remote access to and from the District Survey office, which will ultimately serve as an extended arm of the Department’s Counter Service.

 Field Reforms

 In tandem with the technological change introduced in the office, modern equipment such as Digital Theodolite, Total Station, Digital Level, Global Positioning System (GPS) and Digital Photogrammetric equipment were introduced to further enhance the data acquisition capability in the field in support of a "field-to-finish" concept. The new instruments have fared well in the field, and have demonstrated significant improvement in productivity, and hence increased cost-effectiveness.

 All District Survey Offices were equipped with Total Stations in 1995. These state-of-the-art surveying instrument with on-board memory and removable RAM/Data Cards have not only enhanced the data acquisition capability in the field but also greatly increased data quality. With them the Department is now set to actualise its "field-to-finish" concept.

 Global Positioning System (GPS) equipment is now not only smaller in size, but also cheaper in cost whilst maintaining accuracy standards acceptable for the densification of cadastral survey control network of points. With the full constellation of satellites available today, GPS technology with its all-weather capability has enable position determination to be carried out with relative ease and cost effectiveness. The Department has been using GPS in densifying its geodetic control network since the arrival of this technology and is currently studying its feasibility for cadastral survey.

 Coordinated Cadastral System

 In taping the full potential of GPS it is essential that the local coordinate system be of a high degree of accuracy and preferably be based on an earth-centered geodetic datum. Due to the method of survey and adjustment employed in cadastral surveying it is not uncommon to find errors, in some cases amounting to a few meters, in the local Cassini Coordinate System. Steps are now being taken by the Department to address this disparity. The Department is currently undertaking a joint study with the University of Technology Malaysia to determine the feasibility of introducing a Coordinated Cadastral System for the country. This would not only improve the existing coordinate system and introduce the use of GPS technology into the cadastral surveying environment, but also pave the way for the eventual introduction of ‘coordinated cadastral system’ complete with various attribute data.

 ORGANISATIONAL REFORM

 Impact On The Organisation

 The long term impact of these reforms are yet to be seen. On the short term however, the impact of introducing the CALS systems to the organisation is keenly felt. As opposed to the mere introduction of a computer assisted process as was done in the 1970’s to hasten the survey computation and plan drawing processes, the CALS systems introduced the concept of an Information System into the organisation. The impact on the organisation is not only to shorten the traditional production line processes, but also to shift the emphasis away from these processes to greater awareness of the need for product diversification and a marketing strategy to better meet the requirements of the clientele. Meetings are held periodically with the State Directors of Survey to evolve and agree upon new productivity norms for each of these processes and the overall annual productivity targets. Steps have also been taken to not only accept electronic Certified Plans and Calculation Volumes but also to further simplify the information shown on them.

 In tandem with these modernisation, the Department has also been restructured in 1994 to enable it to face new challenges more effectively. The new organisation chart is not only flatter and less hierarchical, it also reflect a shift away from the traditional power domains. Several new sections were created under this new organisation structure, amongst them is a new research section that was created to provides the Department with a leading edge in new technology in the field of survey and mapping. With this somewhat ‘leaner’ organisation structure, DSMM is now better set to meet the challenges of the nation’s Vision 2020.

 The quantum leap by the Department from a typical cadastral surveying and topographic mapping organisation into that of a modern geographic data provider has been clearly reflected when the Department launched its new logo recently. The new logo emphasizes the new role of the Department supported by a dynamic administration and management team.

 Human Resource Development

 The modern day Department’s Mission Statement underlines its role in the provision of digital cadastral and topographic databases as well as the geodetic referencing framework in support of the development of geographic and land information systems in the country. In meeting with the challenges of this daunting task, besides the implementation of the various computerised systems, DSMM has also designed and implemented a Human Resource Development Blueprint, to provide its staff with concurrent training to enable them to keep abreast with the advancement of surveying, mapping and information technology. The rapid changes and modernisation introduced into the Department would not be meaningful if they are not supported by an equally up-to-date and dynamic workforce. The HRD Blueprint has been devised as a long term strategy to systematically and continuously train and update the Department’s staff with an ultimate aim of achieving full and complete IT literacy within the Department and to prepare them for new challenges that the Department will face in the next millennium.

 DIGITAL DATABASE AND RELATED ISSUES

 Just as in the past when the Department has to face problems related to survey design, it is now facing critical issues related to database design, updating and maintenance. The concurrency and integrity of the database are the very pillars upon which the legal and fiscal cadastre of the land administration system depends.

 An interesting development of the CALS exercise is that the databases that were created initially for the exclusive use of the DSMM in executing its cadastral survey functions, have now become a much-sought-after data source by other government departments as well as private agencies. The transition from a single user to a multiuser/multi purpose database has created a new "status" for the Department as well as increasing its responsibility as the custodian of these spatial data.

 Creation, Maintenance And Updating Of Database

 Even though the CALS project is now operational, experience tell us that the most expensive and time consuming part of a computerised information system is in the acquisition, collation and conversion of analog data into digital format. The Department is currently in the cause of contracting-out the data capture process in building its Digital Cadastral Database (DCDB). A comprehensive quality assurance system is also being evolved. Budgetary allocation has been approved under the 7th Malaysia Development Plan for the conversion of approximately 6 millions cadastral land parcels throughout the country into digital form and for the maintenance and updating of these databases.

 Data Standards

 At a national seminar on GIS, organised by the Economic Planning Unit of the Prime Minister’s Department in July 1993, it was recognised that GIS users should use the CALS database as the basic building blocks of their systems. By doing so, GIS users would avoid expensive duplicity as well as being able to conform to the national standards in terms of accuracy and feature coding.

As a major provider of digital geographic data, DSMM is naturally involved in the development of spatial data standards. The demand for GIS compliant type of spatial data has resulted in the need of a more advanced standards that will facilitate transfer of spatial data between suppliers and users. As such the existing Malaysian Standard Code of Practice for the Exchange of Digital Feature Coded Mapping Data (known as MS 1074) is currently under review by a working group known as WG12, formed under the purview of Department of Standards, Malaysia. DSMM plays a major role in the activities of WG12.

 In this respect, at the international level, DSMM was given the honour by the United Nations to host the formation meeting of the "Permanent Committee on GIS Infrastructure for Asia and the Pacific". The meeting which was held in Kuala Lumpur in July 1995. The function of this Permanent Committee is to provide a forum for countries from the Asia Pacific region to discuss and agree on, inter alia, GIS standards, GIS infrastructure and institutional development.

 Malaysia has also been accepted as a Participating "P" member to the International Organisation for Standardisation (ISO). The acceptance was conveyed to the Department of Standards Malaysia as the ‘point-of-contact’ for Malaysia. Accordingly the Department of Standards Malaysia has nominated DSMM to represent Malaysia at the meeting of ISO’s Technical Committee 211 which was held in Sydney, Australia in January 1997. ISO/TC 211 deals with standards for geographic information and geomatics.

 Sales Of Digital Data

 DSMM’s digital data are currently sold at a highly subsidised price. This is due to the service oriented policy of the Department as well as its inclination to promote the use and development in this field. It is expected that in future, in line with the Malaysia Incorporated Concept, there will be a change for a higher cost recovery policy. In consonance with the Government’s drive to increase productivity and recover costs, the Department has made recommendations towards the formulation of a national charging policy regarding the sale of digital data, copyright and other related issues.

 Towards A "Complete Cadastre"

Although the databases of DSMM, which contain mainly graphic land information, form a major part of the overall data required by Geographic Information Systems (GIS), they lack attribute information. The main attribute data of land ownership comes under the jurisdiction of the Department of Land and Mines (DLM) which is responsible for land registration.

 In fulfilling the requirements of Act A832 of the NLC 1965, which requires inter alia, a revamp of the land administration system through the Computerised Land Registration System (CLRS) and also to meet user’s demand for Certified Plan information, the DLM has implemented CLRS systems throughout the country. It is envisaged that CLRS would be fully operational nationwide by end 1997. Effort is now underway to integrate the Land Office CLRS with the CALS system of the DSMM. With this integration, Certified Plans and Strata Certified Plans information will be made available to the various Land Registrars and District Land Administrators, through the public communication network. This integration, when fully implemented together with the National Infrastructure for Land Information System (NaLIS), to which DSMM is secretariat, would actualise the country’s vision of establishing a "complete cadastre".

 REFORM IN THE PRIVATE SECTOR

 Currently there are about 170 Land Surveyors licensed with the Land Surveyors Board of Peninsular Malaysia (LSBPM), each having a practice of their own or in partnership with another fellow surveyor(s). The license issued by the Board authorises them, under the Land Surveyors Act 1958 (Revised 1991), to undertake cadastral survey. The Government has now contracted out almost all of the urban subdivision surveys (including strata title surveys) to these Licensed Land Surveyors (LLS) who also undertake almost all of the Engineering and Hydrographic (near to shore) surveys as well.

 Commensurate with the changes made by the DSMM in the public sector, the LLS are also now equipped with appropriate modern field instrumentation such as Total Stations, supported by office automation hardware such as personal computers, digitisers, plotters and the appropriate software. A programme of training at all levels was conducted from time to time by the LSBPM. Thus the private sector land surveyors are now better equipped to fulfill the product specifications which have increasingly become digital in nature and to meet the requirements of their clients. The CALS systems have been configured to accept direct digital input from external sources such as from the LLS.

 LEGAL REFORM

 The National Land Code (NLC) provided an open system which enables anyone to obtain from the DSMM and Land Office up-to-date information on any land title. However the rights over possession and use of digital data is a matter of concern due to the enormous amount of data in digital form that can be easily made available to users. As such, in order to prevent illegal transmission of digital cadastral data by users to third party and to protect the interest of the Department, the Fees and Royalties (Survey Data and Digital Mapping) Order 1997 has been approved by the Malaysian Government on the 26th February 1997. The Order provided copyright protection for all forms of digital survey and mapping data as well as regulating the fees and royalties chargeable by the Department.

 Perhaps one of the most important pieces of legal reform towards promoting the fledgling IT industry is the amendment to the Evidence Act, 1950 (Act 56). The amendment, which came into effect in September 1993, allows documents produced by computers in digital form be accepted as legal evidence in a court of law.

 Studies are now being undertaken towards amending the NLC with a view of accepting digital data into the title registration system. Concurrently, the Survey Regulations of the Department are now being revised not only with the objective of accepting digital data but also to incorporate provisions accommodating new procedures brought about by technological advances in field and office instrumentation.

 In addition to the introduction of GPS technology, the Survey Regulations are also being revised towards the acceptance of data stored in electronic data storage devices such as data loggers that are now frequently used together with Total Stations and other Electronic Distance Measurement (EDM) equipment. Office procedures are also being revised to allow the use of computers and electronic plotters, and the archival of data into electronic and optical mass storage devices.

 In the wake of changing from analog to digital environment by DSMM, parallel moves has been taken by the LLS’s to provide survey data in digital form. This means that LLS’s will have to equip themselves with the technology and expertise to meet this need. As existing legislation do not make it mandatory for them to conform to this need, new provisions has to be made to the Licensed Land Surveyors Regulations, to allow for the submission of survey data in digital form, to the Department by Licensed Land Surveyors.

 CONCLUSION

 With its rapid rate of development, Malaysia faces an increasing complexity in land planning and management. An effective cadastre has a strategic role to play in rural and urban development plans of the country. By introducing the concept of databases with the full implementation of the CALS systems in 1995, and its pivotal role in the development of NaLIS, the DSMM has initiated a reform which has wide ranging implications for the Department and the country as a whole. With the deployment of digital field survey and office equipments, the Department is now poised to play an important role in the establishment of land related information systems in the country in support of the government’s effort in establishing an "Electronic Government". These technological advancements have also given rise to various institutional, managerial and legal issues.