EXTRACTION OF THE ANTIQUITIES ACT 1976

EXTRACTION OF THE ANTIQUITIES ACT 1976 (Government of Malaysia)*

Ancient Monument and Historical Sites

The Act provides for the control and preservation of, and research into ancient and historical monuments.

An "ancient monument" is defined as any monument which is or is reasonably believed to be at least one hundred years old or which is declared as one. Such monument may be a house, temple, church, building, cave, grave or a standing stone which has historical, religious or cultural significance.

A "historical site" means a site declared as such by a Minister who is responsible for the museums.

The Director-General of Museums may publish in the Gazette a schedule of ancient monuments and historical sites together with limits thereof. with regard to ancient monuments and historical sites, permission in writing from the Director-general is required for the following actions:

	digging, excavation, building works, tree planting, quarrying, irrigation, burning of lime or depositioning of earth or refuse on or in the immediate.
	demolition, disturbance, obstruction, modification, marking, pulling down or removal of any such monuments or part thereof.
	alterations, additions or repairs.
	erect buildings or walls abutting upon an ancient monument.

Care of Private Properties

The Director-general may take the following actions with regard to the ancient monuments and historical sites under private ownership:

	make contributions towards the cost of carrying out any works of repair or conservation.
	purchase or lease the site by private treaty or compulsory acquisition.
	remove the whole or part of an ancient monument with payment of compensation (fixed by agreement or submitted to the Minister for decision in case of disputes).

Penalties for Demolishing and Damaging

Any person who demolishes or damages any ancient monument without permission commits an offence and is liable to imprisonment not exceeding three months or to a fine not exceeding MR 500 (Malaysian Ringgit) or both.

* In December 2005, the Antiquities Act 1976 has been replaced by the National Heritage Act 2005.