NATIONAL HERITAGE ACT 2005

National Heritage LAWS OF MALAYSIA REPRINT Act 645 NATIONAL HERITAGE ACT 2005 Incorporating all amendments up to 1 June 2006 PUBLISHED BY THE COMMISSIONER OF LAW REVISION, MALAYSIA UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 IN COLLABORATION WITH PERCETAKAN NASIONAL MALAYSIA BHD 2006 1 2 ACT 645 Laws of Malaysia NATIONAL HERITAGE ACT 2005 Date of Royal Assent ... ... ... … … 30 December 2005 Date of publication in the Gazette … … 31 December 2005 National Heritage LAWS OF MALAYSIA Act 645 NATIONAL HERITAGE ACT 2005 ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Short title and commencement 2. Interpretation PART II CONSERVATION AND PRESERVATION OF HERITAGE 3. Policy in relation to conservation and preservation of heritage PART III ADMINISTRATION OF THE ACT 4. Appointment of Commissioner of Heritage 5. Appointment of officers 6. Functions of the Commissioner 7. Powers of the Commissioner PART IV NATIONAL HERITAGE COUNCIL 8. Establishment of National Heritage Council 9. Functions of Council 10. Membership of Council 3 4 Laws of Malaysia Section 11. Secretary 12. Tenure of office 13. Revocation of appointment and resignation of members 14. Vacation of office 15. Filling of vacancies 16. Meetings of Council 17. Procedure of meetings 18. Committees 19. Remuneration or allowance PART V HERITAGE FUND 20. Establishment of the Fund 21. Expenditure to be charged on the Fund 22. Accounts and audit PART VI NATIONAL HERITAGE REGISTER 23. National Heritage Register PART VII HERITAGE SITE Chapter 1 Designation of heritage site 24. Designation of heritage site 25. Adjacent and nearby site 26. Inspection of site 27. Notice to owner, etc. 28. Objection 29. Hearing 30. Consent of the State Authority ACT 645 National Heritage Section 31. Decision of the Commissioner 32. Notice to local planning authority Chapter 2 Interim Protection Order 33. Commissioner may make Interim Protection Order 34. Period of Interim Protection Order 35. Works permitted during an Interim Protection Order Chapter 3 Dealings involving heritage site 36. Notice of intention to sell heritage site 37. Change of owner of a heritage site Chapter 4 Conservation and preservation of heritage site 38. Care of heritage site 39. Inspection of heritage site 40. Application for planning permission for heritage site 41. Monument Preservation Order 42. Duty to keep heritage site in good repair 43. Financing conservation work 44. Power to impose entry fee Chapter 5 Conservation area and conservation management plan 45. Conservation area 46. Conservation management plan PART VIII HERITAGE OBJECT Chapter 1 Discovery of object 47. Discovery of object 48. Proprietary right in the object 5 6 Laws of Malaysia ACT 645 Section 49. Declaration as heritage object by Commissioner Chapter 2 Application for registration 50. Application for registration of heritage object 51. Approval or refusal of application for registration 52. Certificate of registration Chapter 3 Management of heritage object 53. Compensation for certain heritage object 54. Apportionment of share of heritage object 55. Dispute as to compensation or apportionment 56. Sale or disposal of heritage object 57. Notice of intention to sell or transfer a heritage object 58. Change of owner of a heritage object 59. Conservation of heritage object 60. Conservation of intangible cultural heritage PART IX UNDERWATER CULTURAL HERITAGE 61. Discovery of underwater cultural heritage 62. Possession, custody or control of moveable underwater cultural heritage 63. Declaration of underwater cultural heritage 64. Protected zone 65. Salvage and excavation works to be licensed 66. Ownership of underwater cultural heritage found during survey, salvage and excavation PART X NATIONAL HERITAGE 67. Declaration of National Heritage National Heritage Section 68. Nomination as National Heritage 69. Ownership and possession of National Heritage 70. Change in the ownership of National Heritage 71. Listing of the National Heritage in the Register 72. Conservation and preservation of National Heritage PART XI TREASURE TROVE 73. Uniformity of law with respect to treasure trove 74. Notice of discovery of treasure trove 75. Notification for enquiry 76. Time to be allowed for suit by claimant 77. When treasure trove may be declared ownerless 78. When treasure trove vests in State Government 79. Disposal of treasure trove 80. Power of the Commissioner to inspect any treasure trove 81. Offence 82. Forfeiture of claim to and interest in treasure trove PART XII LICENSING Chapter 1 Export and import of heritage item 83. Licence to export 84. Importation of foreign heritage item 85. Minister may prescribe the necessary procedure Chapter 2 Licence to excavate 86. Excavation of heritage object 87. Application for licence to excavate 88. Approval or refusal of licence to excavate 7 8 Laws of Malaysia ACT 645 Section 89. Terms and conditions of licence 90. Extension and revocation of licence Chapter 3 Registration of dealer of heritage item 91. Registered dealer of heritage item 92. Information of stolen heritage item 93. Reports of sale or purchase of heritage item 94. Enforcement officer may enter and search registered dealer’s business premise, etc. 95. Delivery to owner PART XIII APPEAL 96. Appeal PART XIV POWERS RELATING TO ENFORCEMENT, SEIZURE, ARREST, ETC. 97. Appointment of enforcement officers 98. Power to investigate 99. Authority card 100. Search and seizure with warrant 101. Search and seizure without warrant 102. Search of persons 103. Seizure of thing, etc. 104. Notice of seizure 105. Power of arrest 106. Obstruction of search, etc. 107. Power to require attendance of persons acquainted with case 108. Examination of persons acquainted with case 109. Admissibility of statements by accused persons 110. Forfeiture of things, etc., seized 111. No costs or damages arising from seizure to be recoverable National Heritage PART XV OFFENCES Section 112. Offences in respect of heritage site 113. Offences in respect of heritage object 114. Offences in respect of National Heritage PART XVI MISCELLANEOUS 115. Prosecution 116. Jurisdiction of Court of First Class Magistrate 117. Offences committed by body corporate 118. General penalty 119. Compounding of offences 120. Public servants 121. Immunity from legal action 122. Public Authorities Protection Act 1948 123. Delegation of powers 124. Regulations PART XVII REPEAL AND SAVING PROVISION 125. Repeal and saving 126. Prevention of anomalies 9 10 Laws of Malaysia ACT 645 National Heritage 11 LAWS OF MALAYSIA Act 645 NATIONAL HERITAGE ACT 2005 An Act to provide for the conservation and preservation of National Heritage, natural heritage, tangible and intangible cultural heritage, underwater cultural heritage, treasure trove and for related matters. [1 March 2006; P.U. (B) 53/2006] ENACTED by the Parliament of Malaysia as follows: PART I PRELIMINARY Short title and commencement 1. (1) This Act may be cited as the National Heritage Act 2005. (2) This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette; and the Minister may appoint different dates for the coming into operation of this Act to different parts of Malaysia. Interpretation 2. (1) In this Act, unless the context otherwise requires— “building” means a building or groups of separate or connected buildings which, because of their architecture, their homogeneity or their place in the landscape, are of outstanding universal value from the point of view of history, art or science; 12 Laws of Malaysia ACT 645 “antiquity” means— (a) any moveable object which is or is reasonably believed to be at least fifty years old; (b) any part of any such object which has at any later date been added or re-constructed or restored; and (c) any human, plant or animal remains which is or is reasonably believed to be at least one hundred years old; “heritage item” means any National Heritage, heritage site, heritage object or underwater cultural heritage listed in the Register; “foreign heritage item” means any item designated and protected as such by a legislation of a foreign country, which is a party to a treaty on the protection of cultural object or material; “Register” means the National Heritage Register established and maintained under section 23 containing a list of heritage items; “treasure trove” means any money, coin, gold, silver, plate, bullion jewellery, precious stone or any object or article of value found hidden in, or in anything affixed to, the soil or the bed of a river or lake or of the sea, the owner of which is unknown or cannot be found, but does not include any tangible cultural heritage; “area” includes works of man or the combined works of nature and man, and areas including archaeological sites which are of outstanding universal value from the historical, aesthetic, ethnological or anthropological point of view; “Fund” means the Heritage Fund established under section 20; “customs airport” and “customs port” have the same meaning assigned to it by the Customs Act 1967 [Act 235]; “Council” means the National Heritage Council established under section 8; “safeguarding” means the identification, protection, conservation, restoration, renovation, maintenance, documentation and revitalization of historic or traditional matter, artefact, area and their environment; National Heritage 13 “Minister” means the Minister charged with the responsibility for heritage; “monument” means architectural works, works of monumental sculpture and painting, elements or structures of an archaeological nature, inscriptions, cave dwellings and combinations of features, which are of outstanding universal value from the point of view of history, art or science; “object” includes any moveable antiquity, tangible cultural heritage, intangible cultural heritage and historical object but excluding treasure trove; “historical object” means any artefact or other object to which religious, traditional, artistic or historic interest is attached and includes any— (a) ethnographic material such as a household or agricultural implement, decorative article or personal ornament; (b) work of art such as a carving, sculpture, painting, architecture, textile, musical instrument, weapon and any other handicraft; (c) manuscript, coin, currency note, medal, badge, insignia, coat of arm, crest flag, arm or armour; or (d) vehicle, ship and boat, in part or in whole, whose production has ceased; “heritage object” means an object declared under section 49 or registered under section 51 as a heritage object; “proper officer of customs” has the same meaning assigned to it by the Customs Act 1967; “port officer” has the same meaning assigned to it by the Merchant Shipping Ordinance 1952 [Ord. No. 70 of 1952]; “enforcement officer” means any officer appointed by the Minister under section 97; “conservation management plan” means a plan for conservation prepared under section 46; 14 Laws of Malaysia ACT 645 “restoration” means the process of accurately recovering the form and details of a structure or part of a structure and its setting, as it appeared at some period in time, by removing the latter work and replacing the missing original work, and includes— (a) full restoration which involves both exterior and interior; (b) partial restoration which involves the exterior, interior, or any partial combination and is adopted when only parts of a structure are important in illustrating cultural values at its level of historic significance, or contribute to the values for which the area was designated; and (c) adaptive restoration which involves all or a portion of the exterior restoration with t