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National Heritage Act 2005, Malaysia

The National Heritage Act 2005 is 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. It received Royal Assent on 30 December 2005 and was published in the Gazette on 31 December 2005. The National Heritage Act 2005 came into effect on 1 March 2006.


ENACTED by the Parliament of Malaysia as follows:

PART I

PRELIMINARY

1. Short title and commencement

(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.

2. Interpretation

(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 hi story, art or science;

"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 a«y 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;

"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;

"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 the interior adapted to a modern

functional use;

"reconstruction" means the process of accurately reproducing by new

construction, the form and detail of a vanished structure, or part of it, as

it appeared at some period in time and includes full or partial

reconstruction;

"preservation" means aiming to halt further deterioration, decay or a

state of dilapidation and providing structural safety and well being but

does not contemplate significant rebuilding and includes—

(a) techniques of arresting or slowing the process of deterioration,

decay or state of dilapidation of an item or structure;

(b) improvement of structural conditions to make a structure safe,

habitable, or otherwise useful; and

(c) normal maintenance and minor repairs that do not change or

adversely affect the fabric or historic appearance of a structure;

"rehabilitation" means the process of returning a property to a state of

utility through repair or alteration, which makes possible an efficient

contemporary use while preserving those portions and features of the

property which are significant to its historic architecture;

"conservation" includes preservation, restoration, reconstruction,

rehabilitation and adaptation or any combination;

"owner", in relation to any land, means the registered owner or the

holder by customary tenure of the land;

"occupier" includes the cultivator or person in actual possession,

management or control of any land, and includes any person having the

possession or control of any moveable property in that premises or land;

"collector" means any person who acquires tangible moveable cultural

heritage for purposes other than for sale;

"dealer" means any person who receives profit from the purchase and

resale of exhibits and includes a registered dealer;

"registered dealer" means any dealer who is licenced under

section 91;

"Malaysian waters" means the territorial waters of Malay sia determined

in accordance with the Emergency (Essential Powers) Ordinance No. 7

of 1969 [P.U.(A) 307A/1969];

"Commissioner" means the Commissioner of Heritage appointed

under section 4;

"local planning authority" shall have the same meaning assigned to it

by the Town and Country Planning Act 1976 [Act 172] in Peninsular

Malaysia and the competent planning authority under the State laws of

Sabah and Sarawak;

"archaeological relic" means—

(a) any archaeological deposit; or

(b) any artefact, remains or material evidence associated with an

archaeological deposit,

in any part of Malaysia and is fifty or more years old;

"archaeological reserve" means an area in which archaeological relics

are situated;

"site" includes any area, place, zone, natural heritage, monument or

building attached to land, archaeological reserve and any land with

building, garden, tree or archaeological reserve;

"heritage site" means a site designated as a heritage site under

section 24;

"heritage" imports the generic meaning of a National Heritage, sites,

objects and underwater cultural heritage whether listed or not in the

Register;

"National Heritage" means any heritage site, heritage object,

underwater cultural heritage or any living person declared as a National

Heritage under section 67;

"cultural heritage" includes tangible or intangible form of cultural

property, structure or artefact and may include a heritage matter, object,

item, artefact, formation structure, performance, dance, song, music that

is pertinent to the historical or contemporary way of life of Malaysians,

on or in land or underwater cultural heritage of tangible form but

excluding natural heritage;

"underwater cultural heritage" means all traces of human existence

having a cultural, historical or archaeological character which have been

partially or totally under water, periodically or continuously, for at least

one hundred years such as—

(a) sites, structures, buildings, artefacts and human remains,

together with their archaeological and natural context;

(b) vessels, aircraft, other vehicles or any part thereof, their cargo

or other contents, together with their archaeological and

natural context; and

(c) objects of prehistoric character;

"tangible cultural heritage" includes area, monument and

building;

"intangible cultural heritage" includes any form of expressions,

languages, lingual utterances, sayings, musically produced tunes, notes,

audible lyrics, songs, folksongs, oral traditions, poetry, music, dances as

produced by the performing arts, theatrical plays, audible compositions

of sounds and music, martial arts, that may have existed or exist in

relation to the heritage of Malaysia or any part of Malaysia or in relation

to the heritage of a Malaysian community;

"cultural heritage significance" means cultural heritage having

aesthetic, archaeological, architectural, cultural, historical, scientific,

social, spiritual, linguistic or technological value;

"natural heritage" includes natural features of any area in Malaysia

which may consist of earthly physical or biological formations or group

of such formations, geological or physiographical features, mountains,

rivers, streams,rock formation, sea shore or any natural sites of outstanding

value from the point of view of nature, science, history conservation or

natural beauty including flora and fauna of Malaysia;

"zone" means an area or part of an area for the purpose of preservation

and restoration in respect of rural and urban landscapes whether natural

or man-made, which embraces any cultural heritage significance.

(2) In this Act, references to the State Authority in relation to the

Federal Territory of Kuala Lumpur, the Federal Territory of Labuan and

the Federal Territory of Putrajaya shall be construed as references to the

Minister responsible for the Federal Territory of Kuala Lumpur, the

Federal Territory of Labuan and the Federal Territory of Putrajaya.

(3) For the purposes of this Act, the following shall not be considered

as underwater cultural heritage:

(a) pipelines and cables placed on the seabed; and

(b) installations other than pipelines and cables, placed on the

seabed.

PART II

CONSERVATION AND PRESERVATION OF HERITAGE

3. Policy in relation to conservation and preservation of heritage

(1) Subject to subsection (2), the Minister shall be responsible for

providing or issuing policies, statements or directives in respect of any

matter, business, strategy or conduct on the conservation and preservation

of heritage.

(2) The Minister shall not provide or issue any policies, statements or

directives under subsection (1) where the matter, business, strategy or

conduct on the conservation and preservation of heritage concerns the

power or jurisdiction of a State unless the relevant State Authority has

been consulted.

PART III

ADMINISTRATION OF THE ACT

4. Appointment of Commissioner of Heritage

(1) There shall be appointed by the Minister, an officer to be known

as the "Commissioner of Heritage" for the purpose of carrying out the

powers and functions assigned to the Commissioner under this Act.

(2) The appointment of the Commissioner shall be published in the

Gazette.

(3) The Commissioner appointed under subsection (1) shall be a

body corporate having perpetual succession and a common seal.

(4) The Commissioner may sue and be sued in its name.

(5) The officer appointed to be the Commissioner shall hold office

for a period of not more than three years and shall be eligible for

reappointment.

5. Appointment of officers

(1) The Minister may, from time to time, appoint such number of

Deputy Commissioners, Assistant Commissioners, authorized officers

and such other officers as are necessary to assist the Commissioner in the

performance of his functions and the exercise of his powers under this

Act.

(2) All officers appointed under subsection (1) shall be subject to the

supervision, direction and control of the Commissioner.

6. Functions of the Commissioner

The functions of the Commissioner are as follows:

(a) to determine the designation of sites, registration of objects

and underwater cultural heritage;

(b) to establish and maintain the Register and to determine

and specify the categories of heritage to be listed in the

Register;

(c) to supervise and oversee the conservation, preservation,

restoration, maintenance, promotion, exhibition and

accessibility of heritage;

d) to promote and facilitate any research relating to heritage;

(e) to authorise, monitor and supervise excavations for heritage

purposes;

(f) to maintain documents relating to any excavation,

exploration, finding or search for heritage;

(g) to establish and maintain liaison and co-operation with

the State Authority in respect of conservation and

preservation of heritage matters;

(h) to advise and co-ordinate with the local planning authority,

the Council and other bodies and entities at all levels for

the purpose of safeguarding, promoting and dealing with

any heritage;

(i) to promote and regulate that best standards and practices

are applied in the conservation and preservation of heritage;

(j) to advise the Minister with regard to any matter in respect

of conservation and preservation of heritage;

(k) to perform such other functions under this Act as the

Minister may assign from time to time; and

(I) to do all such things as may be incidental to or consequential

upon the discharge of his powers and functions.

7. Powers of the Commissioner

 Subject to and for the purpose of this Act, the powers of the

Commissioner are as follows:

(a) to enter into contracts;

(b) to acquire, purchase, take, hold and enjoy movable and

immovable property of every description;

(c) to convey, assign, surrender, yield up, charge, mortgage,

demise, reassign, transfer, or otherwise dispose of, or

deal with any movable or immovable property and any

interest in any movable or immovable property, vested

in the Commissioner; and

(d) to do all things reasonably necessary for the performance

of its duties under this Act.

PART IV

NATIONAL HERITAGE COUNCIL

8. Establishment of National Heritage Council

There shall be established a National Heritage Council.

9. Functions of Council

(1) The functions of the Council shall be—

(a) to advice the Minister and the Commissioner on all matters

relating to heritage, and the due administration and

enforcement of laws relating to heritage; and

(b) to advice the Minister and the Commissioner on any

matter referred to it by the Minister or the Commissioner.

(2) The Minister and the Commissioner shall not be bound to

act upon the advice of the Council.

10. Membership of Council

( 1 ) The Council shall consist of the following members:

(a) a Chairman, to be appointed by the Minister;

(b) the Secretary General of the Ministry of Culture, Arts

and Heritage or his representative;

(c) the Secretary General of the Ministry of Tourism or his

representative;

(d) the Director General of Town and Country Planning or

his representative;

(e) the Director General of the Museums and Antiquity

Department or his representative;

(f) the Commissioner; and

g) not more than six other members, at least one of whom

shall be a public officer who possess experience or expertise

in relation to the management, conservation or preservation

of sites and objects of natural or cultural heritage

significance, to be appointed by the Minister.

(2) The Minister may appoint any member of the Council to

perform the functions of the Chairman —

(a) if for any substantial period the Chairman is unable, by

reason of illness, leave of absence or any other cause, to

perform his functions; or

(b) during any period of vacancy in the office of the Chairman.

(3) A member appointed as the Chairman under subsection (2)

shall, during the period in which he is performing the functions

of the Chairman under this section, be deemed to be the Chairman.

11. Secretary

There shall be a secretary to the Council who shall be appointed

by the Commissioner.

12. Tenure of office

Subject to section 13, a member appointed under paragraph

10(a) or (g) shall, unless he sooner resigns or his appointment is

sooner revoked, hold office for such period not exceeding three

years as the Minister may determine at the time of his appointment

and shall be eligible for reappointment.

13. Revocation of appointment and resignation of members

(1) The appointment of members under paragraph 10(a)

or (g) may at any time be revoked by the Minister.

(2) A member appointed under paragraph 10(a) or (g) may at

any time resign his office by giving fourteen days' written notice

addressed to the Minister.

14. Vacation of office

The office of a member appointed under paragraph 10(a)

or (g) shall be vacated if—

(a) he dies;

(b) there has been proved against him, or he has been convicted

of, a charge in respect of—

(i) an offence involving fraud, dishonesty or moral

turpitude;

(ii) an offence under any law relating to corruption;

or

(iii) any other offence punishable with imprisonment

(in itself only or in addition to or in lieu of a fine)

for more than two years;

(c) he becomes bankrupt;

(d) he is of unsound mind or is otherwise incapable of

discharging his duties;

(e) he absents himself from three consecutive meetings of

the Council without leave of the Chairman and in the

case of the Chairman without leave of the Minister;

(f) his resignation is accepted by the Minister; or

(g) his appointment is revoked by the Minister.

15. Filling of vacancies

Where a member appointed under paragraph 10(a) or (g)

ceases to be a member of the Council, the Minister may appoint

another person to fill the vacancy for the remainder of the term

for which the vacating member was appointed.

16. Meetings of Council

(1) The Council shall meet as often as may be necessary in

a year for the performance of its functions.

National Heritage 21

(2) The Chairman shall preside at all meetings of the

Council.

(3) A meeting of the Council shall be convened by the Chairman

by notice in writing to the other members and the meeting shall

be held at the time and place specified in the notice.

(4) The quorum of the Council shall be five.

(5) The decision of the Council shall be by majority votes, and

where there is an equality of votes, the Chairman shall have the

casting vote.

17. Procedure of meetings

Subject to this Act, the Council shall determine its own procedure

of meetings.

18. Committees

The Council may establish committees consisting of

members of the Council or persons who are not members of

the Council or a combination of both to advise or assist

the Council on such matters concerning its functions as it

may consider necessary in performing its functions under this Act.

19. Remuneration or allowance

Members of the Council or a committee may be paid from the

Fund such remuneration or allowance as the Minister may, after

consultation with the Minister of Finance, determine.

PART V

HERITAGE FUND

20. Establishment of the Fund

(1) For the purposes of this Act, a fund to be known as the

"Heritage Fund" is established.

(2) The Fund shall be controlled, maintained and operated by

the Commissioner.

(3) The Fund shall consist of—

(a) such sums as may be appropriated by Parliament from

the Consolidated Fund and otherwise for the purpose of

this Act;

(b) all moneys received by way of donations, gifts or grants;

(c) all moneys derived from levy imposed under this Act;

(d) interest received from investment by way of fixed deposit

of moneys standing to the credit of the Fund;

(e) repayment of any loan disbursed under this Act;

(f) all moneys standing to the credit of the Fund that is not

immediately required for the purposes of this Act as may

be approved by the Minister;

(g) all moneys borrowed with the consent of the Minister of

Finance for the purposes of the Fund; and

(h) all other moneys or property which may in any manner

become payable to or vested in the Commissioner in

respect of any matter incidental to its functions, powers

or duties.

21. Expenditure to be charged on the Fund

The Fund may be expended for the following purposes:

(a) payment for the purchase of heritage and conservation

areas in accordance with this Act;

(b) payment of the expenses incurred for—

(i) the conservation and preservation of any heritage

and conservation areas whether they are owned

by the Government or otherwise;

(ii) organizing campaigns, research, study, publication

of materials for the protection of heritage and

conservation areas; and

(iii) the conservation and preservation of any heritage

item and activities incidental to it;

(c) any disbursement of grant or loan under this Act; and

(d) any other payment for the purpose of this Act.

22. Accounts and audit

The Commissioner shall cause proper accounts to be kept and

maintained in respect of the Fund and in compliance with the

provisions of the Statutory Bodies (Accounts and Annual Reports)

Act 1980 [Act 240].

PART VI

NATIONAL HERITAGE REGISTER

23. National Heritage Register

( 1 ) The Commissioner shall establish and maintain a register

known as the National Heritage Register as may be prescribed

containing the lists of heritage items registered under this Act.

(2) The Commissioner shall make the Register available for

public inspection subject to such conditions as he thinks fit.

(3) Any person may on payment of a fee to be prescribed by

the Minister—

(a) inspect the Register; and

(b) make a copy of, or take extracts from, the Register.

PART VII

HERITAGE SITE

Chapter 1

Designation of Heritage Site

24. Designation of heritage site

The Commissioner may designate any site which has natural

heritage or cultural heritage significance to be a heritage site.

25. Adjacent and nearby site

(1) Where a site has no natural heritage or cultural heritage

significance but the Commissioner is satisfied that it should be

designated as a heritage site because of its proximity to and for

the protection and enhancement of another site designated as a

heritage site under section 24, the Commissioner may so designate

such site as a heritage site.

(2) Any designation made under subsection (1) shall be revoked

in the event the designation of that other site is revoked.

26. Inspection of site

(1) The Commissioner may at any time enter upon a site to

inspect, survey, investigate or to carry out any work necessary for

the purpose of determining whether to designate the site as a

heritage site.

(2) The owner or occupier of the site shall be given a notice

in writing of not less than seven days of any proposed entry.

(3) Where any person objects to such entry under subsection (1)

on conscientious or religious grounds, such entry shall not be

effected except with the permission in writing of the State Authority

in which the site is situated.

(4) The Commissioner may enter into any arrangements with

the owner or occupier of the site for any loss or damage suffered

or alleged to have been suffered by the owner or occupier by

reason of such entry under subsection (1).

(5) Any person who obstructs the Commissioner or refuses entry

into any site for inspection, survey, investigation, or to carry out

any work under subsection (1) commits an offence.

27. Notice to owner, etc.

(1) Upon determining to designate a site as a heritage site, the

Commissioner shall, at least sixty days before making the designation,

give a written notice in the form and manner as prescribed by the

Commissioner to the owner of the site of the intention to register

the site as a heritage site.

(2) As soon as possible after giving notice under subsection (1)

the Commissioner shall —

(a) cause to be published in the Gazette and a local

newspaper—

(i) a notice of intention to designate the site as a

heritage site; and

(ii) any other matters constituting or relating to the

designation which in his opinion is desirable to

publish; and

(b) file a notice of intention to designate the site as a heritage

site at the land office where the site is situated.

28. Objection

An owner of the site or any other person affected or likely

to be affected by the designation of the site as a heritage site may

make an objection to the designation of the site by serving a notice

of objection on the Commissioner within thirty days from the date

of the publication of the notice under paragraph 21(2)(a).

29. Hearing

Where a notice of objection to the designation of the site is

served in accordance with section 28 the Commissioner shall set

a date, time and place for the hearing of the objection and shall,

at least twenty one days before the date of the hearing serve a

notice of hearing in the form and manner as prescribed by the

Commissioner, upon the objecting party and the owner of the site.

30. Consent of the State Authority

Where the site is situated in a State, the Commissioner shall

obtain the consent of the State Authority of that State before any

designation is made.

31. Decision of the Commissioner

(1) Where the Commissioner, after hearing the parties, if any,

is satisfied that—

(a) the site is of cultural heritage significance; and

(b) the State Authority has given its consent under section

30, he shall —

(i) designate the site as a heritage site; (ii)

record the heritage site in the Register; and

(iii) give the owner a written notice of the

Commissioner's decision.

(2) A soon as possible after the decision in subsection (1), the

Commissioner shall —

(a) cause to be published in the Gazette and a local newspaper—

(i ) a notice that the site has been designated as a

heritage site; and

(ii) any other matters constituting or relating to the

heritage site which in his opinion is desirable to

publish; and

(b) file a notice in the land office where the heritage site is

situated notifying that the site has been designated as a

heritage site.

(3) Where the Commissioner makes a decision not proceed

with the proposed designation of a site, he shall immediately

notify the owner of the site and the land office where the site is

situated in writing of such decision, with or without assigning any

reason.

32. Notice to local planning authority

The Commissioner shall notify the local planning authority

for the area of the local authority where the heritage site is situated

of the designation of the heritage site so that the local planning

authority shall take into consideration any matter, policy, strategy

or plan of action pertaining to the interest of the heritage site in

preparing any development plan in that local authority area under

the Town and Country Planning Act 1976 in Peninsular Malaysia

or the relevant State laws in Sabah and Sarawak.

Chapter 2

Interim Protection Order

33. Commissioner may make Interim Protection Order

(1) Upon a notice being served on the owner of a site under

subsection 27(1) the Commissioner may, with the concurrence of

the State Authority, make an Interim Protection Order in relation

to a site if in the opinion of the Commissioner it is necessary to

do so for the purpose of conservation and preservation of the site.

(2) An Interim Protection Order shall contain such conditions

as may be specified by the Commissioner.

(3) The Commissioner shall cause the Interim Protection Order

to be served on the owner of the site.

(4) An Interim Protection Order takes effect upon the service

of the Interim Protection Order.

(5) The Commissioner may at any time revoke an Interim

Protection Order.

(6) Any person who contravenes an Interim Protection Order

commits an offence.

(7) The Commissioner may enter into any arrangements with

the owner or occupier of a site for any loss or damage suffered

or alleged to have been suffered by the owner or occupier by

reason of the Interim Protection Order.

(8) For the purposes of this section, the State Authority shall

mean the Menteri Besar or Chief Minister of a State, as the case

may be.

34. Period of Interim Protection Order

(1) An Interim Protection Order shall continue to be in force—

(a) for a period of ninety days or for such further period as

may be extended by the Commissioner under

subsection (2); or

(b) until —

(i) the site is designated as a heritage site;

(ii) the Commissioner makes a decision not to proceed

with the proposed designation of the site; or

(iii) the Commissioner revokes the Interim Protection

Order.

(2) The Commissioner may at any time extend the period during

which an Interim Protection Order continues to remain in force.

(3) A notice of an extension shall be served in the same manner

as the Interim Protection Order is served.

35. Works permitted during an Interim Protection Order

(1) Any person affected by the Interim Protection Order may

apply to the Commissioner to carry out any work or activities on

the site.

(2) Upon receipt of an application the Commissioner may approve

any reasonable work or activities on the site provided that the

proposed work or activities do not reduce or affect the cultural

heritage significance of the site.

(3) An approval under subsection (2) may be subject to such

conditions as the Commissioner may impose.

(4) Any person who fails to comply with conditions imposed

under subsection (2) commits an offence.

Chapter 3

Dealings involving heritage site

36. Notice of intention to sell heritage site

An owner of a heritage site who enters into an agreement of

sale of the whole or any part of the heritage site, shall notify the

Commissioner in writing in the prescribed form of the information

about the existence of that agreement within twenty-eight days of

the date of the agreement.

37. Change of owner of a heritage site

( 1 ) Any person who purchases or acquires any heritage

site shall within twenty-eight days of the date of the completion

of the purchase or acquisition, notify the Commissioner in writing

o f -

(a) that person's name and address; and

(b) whether the person intends to occupy the site.

(2) A person who has notified the Commissioner of information

under subsection (1) shall, within twenty-eight days of any change

to the information provided, notify the Commissioner in writing

of the change.

Chapter 4

Conservation and preservation of heritage site

38. Care of heritage site

(1) Where a heritage site is situated on an alienated land, the

Commissioner may after consultation with the State Authority —

(a) make arrangements with the owner or occupier for the

inspection, maintenance, conservation and preservation

of the heritage site;

(b) purchase or lease the heritage site;

(c) acquire the heritage site in accordance with the provisions

of any written law relating to the acquisition of land for

a public purpose; or

(d) remove the whole or any part of a building or monument

on the heritage site.

(2) Where the owner or occupier agrees to such arrangements

under paragraph l (a), the Commissioner may make a contribution

towards the costs of carrying out any works of repair or conservation

which is deemed necessary.

(3) Where a contribution towards the costs of carrying out the

works is made, such works shall be carried out in accordance with

the direction of the Commissioner.

(4) The Commissioner shall make good any damage done to the

site or to monument by the removal of any monument under paragraph 1

(d) and may agree to the payment of any compensation to the

owner of the site.

(5) Any dispute as to the amount of compensation shall be

referred to the Minister whose decision shall be final.

39. Inspection of heritage site

(1) The owner or occupier of a heritage site situated on an

alienated land shall permit the Commissioner or any authorized

officer to enter upon the site to inspect, survey, investigate or to

carry out any work necessary for the conservation, repair, maintenance

and cleanliness as is deemed expedient or necessary.

(2) The owner or occupier shall be given a notice in writing of

not less than seven days of any proposed entry.

(3) Where any person objects to such entry under subsection (1)

on conscientious or religious grounds, such entry shall not be

effected except with the permission in writing of the State Authority

where the heritage site is situated.

(4) The owner or occupier shall be entitled to claim compensation

for any loss or damage suffered or alleged to have been suffered

by him by reason of such entry under subsection (1).

(5) Any dispute as to the amount of compensation shall be

referred to the Minister whose decision shall be final.

40. Application for planning permission for heritage site

(1) The Commissioner shall co-ordinate and advise the local

planning authority before any planning permission or development

order is granted involving a heritage site.

(2) Where the local planning authority refers any application by

any person for planning permission or development order to the

Commissioner, such application shall contain —

(a) sufficient particulars to identify the monument to which

the application relates, including its layout plan, measured

building plan and photographs of its every angle, including

the exterior and interior of such monument;

(b) such other plans and drawings as are necessary to describe

the work which is the subject of the application;

(c) measures that have been taken to secure the safety of the

heritage site and the neighbouring land; and

(d) such other particulars as may be required by the

Commissioner.

(3) For the purpose of paragraph 2(c), neighbouring land means —

(a) any land adjoining within a distance of two hundred

metres from the boundary of the land to which an application

under this section relates;

(b) any land separated from the land to which an application

made under this section relates by any road, lane, drain

or reserved land, the width of which does not exceed

twenty metres and which would be adjoining the land to

which the application relates had they not been separated

by such road, lane, drain or reserved land; or

(c) any land located within a distance of two hundred metres

from the boundary of the land to which an application

under this section relates.

(4) The Commissioner shall advise the local planning authority

to impose conditions when aprroving planning permission or a

development order involving a heritage site which may include —

(a) requiring compliance with any conservation guidelines

and procedures issued by the Minister;

(b) requiring the making good of any damage caused to any

heritage site after the works authorized by the planning

permission or the development order are completed; or

(c) requiring the protection and retention of any specified

feature of the heritage site.

(5) Where the planning permission is approved, the Commissioner

shall liaise, co-operate and co-ordinate with the local planning

authority to monitor and supervise that the terms and conditions

imposed relating to the conservation of heritage are complied

with.

(6) Any person who contravenes any condition imposed under

subsection (4) commits an offence.

41. Monument Preservation Order

(1) Where the Commissioner, with the concurrence of the

State Authority, is satisfied that any monument regarded as suitable

to be registered as a heritage site is in dilapidation or in imminent

danger of demolition, destruction, damage or alteration, the

Commissioner shall serve on the owner of the monument a Monument

Preservation Order pending approval of its registration.

(2) The Monument Preservation Order shall contain such

conditions as may be specified.

(3) A Monument Preservation Order shall come into operation

as soon as it is served on the owner of the monument.

(4) A Monument Preservation Order shall remain in operation

for a period of ninety days from the date it is served and may be

extended by the Commissioner for such period of time as he may

think fit.

(5) Notwithstanding subsection (4), the Monument Preservation

Order shall cease to be in force —

(a) if the monument is designated as a heritage site; or

(b) if the Commissioner has decided not to designate the

monument as a heritage site.

(6) Any person who contravenes the Monument Preservation

Order commits an offence.

42. Duty to keep heritage site in good repair

(1) The owner of a heritage site shall ensure that the heritage

site is always in a state of good repair.

(2) Where the Commissioner is satisfied that reasonable steps

are not being taken for properly preserving the monument, he may

carry out such repair works, after giving any person appearing to

the Commissioner to be the owner of the monument two weeks

notice of his intention to do so, and all costs and expenses reasonably

incurred to carry out the works shall be reimbursed by such person.

43. Financing conservation work

(1) An owner of a heritage site may, for the purpose of carrying

out any conservation and preservation works on the heritage site

apply to the Commissioner for any grant or loan.

(2) The Commissioner may, in consultation with the Council

and the State Authority, make arrangements with the owner of a

heritage site to carry out any conservation and preservation works

as the Commissioner deems appropriate.

(3) The Commissioner may, with the approval of the Council,

issue a grant or loan which is to be disbursed from the Fund for

such conservation and preservation works.

(4) The Commissioner may, when giving the grant or loan,

impose such conditions as he deems appropriate on the owner.

44. Power to impose entry fee

(1) An owner of a heritage site may, with the approval and

subject to such conditions as the Commissioner may impose, charge

an entrance fee into the heritage site.

(2) Where the Commissioner has contributed towards the expense

of conservation and preservation of any heritage site, the

Commissioner may impose a levy on the entrance fee received by

the owner of that heritage site and any levy paid by such owner

shall be paid into the Fund.

Chapter 5

Conservation area and conservation management plan

45. Conservation area

(1) Where a site is designated as a heritage site, that site shall

on the date of the designation become a conservation area and

shall be conserved and preserved according to a conservation

management plan.

(2) A conservation area may —

(a) incorporate a buffer zone around a central core; or

(b) incorporate a buffer zone around a site that has been

designated as a heritage site.

(3) The Minister may, in consultation with the Council, determine

the buffer zone and the central core.

46. Conservation management plan

(1) The Commissioner shall, in consultation with the Council,

prepare a conservation management plan for the purposes of—

(a) promoting the conservation, preservation, rehabilitation,

restoration or reconstruction of a heritage site;

b) ensuring the proper management of a heritage site including

the use and development of all buildings and lands in the

heritage site and the preservation of the environment

including measures for the improvement of the physical

living environment, communications, socio-economic wellbeing,

the management of traffic and the promotion of

economic growth; and

(c) promoting schemes for the education of, or for practical

and financial assistance to, owners and occupiers, and

for community involvement in decision making.

(2) The Commissioner shall from time to time submit such

conservation management plan to the State Authority or the relevant

local planning authority, as the case may be, and advise and co

ordinate with the State Authority or the local planning authority

for the implementation of the conservation management plan and

its guidelines.

(3) The Commissioner shall from time to time revise any

conservation management plan.

PART VIII

HERITAGE OBJECT

Chapter 1

Discovery of object

47. Discovery of object

(1) Any person who discovers any object which he has reason

to believe has cultural heritage significance shall immediately

notify the Commissioner, any authorized officer or the District

Officer of the district where the object was discovered, and where

practicable, deliver the object to the Commissioner, authorized

officer or the District Officer who shall give a written

acknowledgement thereof.

(2) Where the District Officer has reason to believe that any

object discovered in his area has cultural heritage significance, he

may by notice in writing require the person having possession of

it to deliver the object immediately to him, and the District Officer

on receiving such object shall give a written acknowledgement and

shall keep safely the said object.

(3) A District Officer shall communicate the notification under

subsection (1) or the written notice under subsection (2) to the

Commissioner as soon as practicable.

(4) Any agent, contractor or executor of a Federal Government,

State Government or an owner of an alienated land who discovers

at the project site any object which he has reason to believe that

the object has cultural heritage significance, such agent, contractor

or executor shall report to the Commissioner who shall immediately

inspect the object.

(5) Any person who contravenes subsection (1) or (4) commits

an offence and shall on conviction be liable to a fine not exceeding

fifty thousand ringgit or to imprisonment for a term not exceeding

five years or to both.

48. Proprietary right in the object

(1) Any object discovered after the date of the coming into

operation of this Act shall be the absolute property of the Federal

Government provided that where the object is discovered on an

alienated land, compensation may be paid to the owner of the

land.

(2) A competent heritage valuer may be appointed by the

Commissioner to decide on the value of the object for the purposes

of ascertaining the amount of compensation, and the decision of

the competent heritage valuer shall be final.

(3) Every object which before the date of the coming into operation

of this Act is not owned by any person or the control of which

is not vested in any person as a trustee or manager, shall be

deemed to be the absolute property of the Federal Government.

(4) All undiscovered objects whether lying on or hidden beneath

the surface of the ground or in any river or in the sea, shall be

deemed to be the absolute property of the Federal Government but

if the said object is at a later date found to be discovered on or

in an alienated land the provisions of subsections (1) and (2) shall

apply.

(5) In any legal proceedings relating to the date of discovery

of an object of cultural heritage significance, it shall be presumed

until the contrary is proved that it was discovered after the date

of the coming into operation of this Act.

49. Declaration as heritage object by Commissioner

(1) The Commissioner may declare in the Gazette any object

which has cultural heritage significance to be a heritage object and

shall cause it to be listed in the Register.

(2) Before making the declaration under subsection (1), the

consent of the owner of such object shall be obtained and for that

purpose, the Commissioner may furnish the owner such prior

opportunity for representation or submission in regard to the proposed

declaration as may be practicable in the circumstances and in such

manner as may be prescribed.

(3) The Commissioner may, in the same manner as in

subsection (1), amend or revoke the Gazette and in each case of

such amendment or revocation he shall substantiate his action with

the necessary background and reason.

(4) Upon the object being listed in the Register, the object shall

be a heritage object starting from the date of its registration and

shall cease to be a heritage object when the Commissioner revokes

registration.

Chapter 2

Application for registration

50. Application for registration of heritage object

( 1 ) Any person may apply for an object to be registered as

a heritage object.

(2) An application for registration shall be in such form and

accompanied by such documents or information as may be prescribed.

(3) The Commissioner may at any time after receiving the

application under subsection (1) and before it is determined, by

a written notice require the applicant to provide such additional

documents or information as the Commissioner deems necessary.

(4) Where any additional document or information required

under subsection (3) is not provided by the applicant within the

time specified in the notice or any extension thereof granted by

the Commissioner, the application shall be deemed to be withdrawn

and shall not be further proceeded with, but without prejudice to

a fresh application being made by the applicant.

(5) An application under this section may be withdrawn at any

time before it is approved or refused.

51. Approval or refusal of application for registration

( 1 ) Where the Commissioner is satisfied that an object is of

cultural heritage significance, he shall register the object as a

heritage object in the Register and give the applicant a written

notice of the Commissioner's decision under this section.

(2) Where the application involves an object which is attached

to any alienated land, the concurrence of the State Authority shall

be obtained before the application is approved.

(3) Where the application involves intangible cultural heritage

in which copyright subsists, the consent of the copyright owner

shall be obtained before the application is approved.

(4) An application for registration which is approved under this

section may be subject to such conditions as the Commissioner

may impose.

(5) As soon as possible after the approval in subsection (4), the

Commissioner shall cause to be published in the Gazette a notice

that the object has been registered as a heritage object and on any

other matter constituting or relating to the heritage object which

in his opinion is desirable to publish.

(6) Where the Commissioner refuses the application, he shall

immediately notify the applicant in writing of the refusal with or

without assigning any reason for the refusal.

52. Certificate of registration

( 1 ) When an object is registered under section 51 the

Commissioner shall issue a certificate of registration to the owner.

(2) Upon the heritage object being ceased to be registered as

a heritage object, the owner of the object must surrender the

certificate of registration to the Commissioner within three months

from the date of such cessation.

Chapter 3

Management of heritage object

53. Compensation for certain heritage object

(1) On the discovery of any object having cultural heritage

significance, the Commissioner shall be entitled to the

custody and possession of the same on behalf of the Federal

Government and shall be responsible for its safeguarding and

safekeeping.

(2) If the Commissioner decides not to retain such object, it

shall be returned to the person who delivered it subject to any

condition that may be imposed by the Commissioner.

(3) When an object is retained by the Commissioner or where

in the opinion of the Commissioner that object should be safeguarded

at the place where it was found, the Commissioner shall at his

discretion pay a reasonable amount of compensation to —

(a) the finder;

(b) the owner of an alienated land in or on which the object

was discovered; or

(c) the informant.

54. Apportionment of share of heritage object

The Commissioner may enter into a written agreement with

the owner of the heritage object for the apportionment of share of

such object as may be agreed upon by the Commissioner and the

owner.

55. Dispute as to compensation or apportionment

Where there is any dispute regarding the compensation to be

paid for any heritage object or apportionment of share of such

object, such dispute shall be referred to the Minister whose decision

shall be final.

56. Sale or disposal of heritage object

(1) The Commissioner may by notice in writing require any

person in possession of any heritage object which is deemed to be

of a national importance or interest, not to sell or dispose of such

object without prior written consent of the Commissioner.

(2) Any person who receives such notice shall not sell or dispose

of any heritage object in his possession or custody.

(3) Within the period of thirty days from the date of the notice

under subsection (1) the Commissioner shall have the first right

to purchase such heritage object at an agreeable value.

(4) Any person who contravenes subsection (2) commits an

offence and shall on conviction be liable to a fine not exceeding

ten thousand ringgit or to imprisonment for a term not exceeding

one year or to both.

57. Notice of intention to sell or transfer a heritage object

The owner of a heritage object who enters into a contract to

sell or transfer the heritage object shall notify the Commissioner

in writing of the information about the existence of that contract

within twenty-eight days of the date of the contract.

58. Change of owner of a heritage object

(1) Any person who purchases or acquires a heritage object

shall, within twenty-eight days of the date of the purchase or

acquisition, notify the Commissioner in writing of that purchaser

or acquirer's name, particulars and address.

(2) Any change to the information under subsection (1) shall be

notified to the Commissioner in writing within twenty-eight days.

(3) Any person who contravenes subsection (1) or (2) commits

an offence and shall on conviction be liable to a fine not exceeding

ten thousand ringgit or to imprisonment for a term not exceeding

one year or to both.

59. Conservation of heritage object

( 1) The owner or custodian of a heritage object shall keep the

heritage property in good condition and in a secure place.

(2) The owner or custodian of a heritage object shall immediately

report to the Commissioner any loss or damage to such heritage

object or any part of it upon discovery of such loss or damage.

(3) Any person who fails to comply subsection (1) or (2) commits

an offence.

60. Conservation of intangible cultural heritage

(1) The owner or custodian of a heritage object in the form

of an intangible cultural heritage shall take all necessary steps to

develop, identify, transmit, cause to be performed and facilitate

the research on the intangible cultural heritage according to the

guidelines and procedures as may be prescribed.

(2) The Commissioner may enter into any arrangements with

the owner or custodian of the intangible cultural heritage for the

compliance with the guidelines and procedures as prescribed.

PART IX

UNDERWATER CULTURAL HERITAGE

61. Discovery of underwater cultural heritage

(1) Any person who discovers an underwater cultural heritage

in the Malaysian waters shall, as soon as practicable, give notice

of such discovery to the Commissioner or the port officer.

(2) The port officer upon receiving such notice shall as soon as

practicable notify, and where possible deliver the underwater cultural

heritage to, the Commissioner.

(3) The Commissioner may, upon being satisfied that the

underwater cultural heritage has cultural heritage significance,

cause it to be listed in the Register.

(4) Any person who fails to give notice under subsection (1)

commits an offence.

62. Possession, custody or control of moveable underwater cultural

heritage

(1) Where it appears to the Commissioner that a person is in

or may have had possession, custody or control of any moveable

underwater cultural heritage or part of an underwater cultural

heritage the Commissioner may, by notice in writing to the person,

require the person within the specified time in the notice furnish

him with the full information of such moveable underwater cultural

heritage.

(2) Where the person has ceased to have such possession, custody

or control of the moveable underwater cultural heritage, the person

shall give the Commissioner particulars of the circumstances in

which he ceased to have the possession, custody or control of such

moveable underwater cultural heritage.

(3) Where the person has transferred such possession, custody

or control of the moveable underwater cultural heritage to another

person, he shall give to the Commissioner the name and address

of the person to whom such possession, custody or control of such

moveable underwater cultural heritage was transferred.

National Heritage 43

(4) Any person who fails to comply with any of the requirements

under this section commits an offence.

63. Declaration of underwater cultural heritage

(1) Where the Commissioner is of the opinion that any

underwater cultural heritage is situated in Malaysian waters is of

cultural heritage significance but less than one hundred years old,

he shall advise the Minister and the Minister may by notice published

in the Gazette declare the site or object to be a underwater cultural

heritage.

(2) Any site or object declared to be an underwater cultural

heritage shall be listed in the Register.

64. Protected zone

(1) The Minister may on the advise of the Commissioner,

declare in the notice published in the Gazette any area within

which an underwater cultural heritage is situated to be a protected

zone.

(2) No person shall carry out any activity in the protected zone

except with approval in writing from the Commissioner.

(3) Any person who contravenes subsection (2) commits an

offence.

65. Salvage and excavation works to be licensed

(1) No person shall carry on any salvage or excavation work

in any Malaysian waters for the purpose of finding any

underwater cultural heritage, except with a licence approved by

the Commissioner.

(2) Any person who contravenes subsection (1) commits an

offence.

66. Ownership of underwater cultural heritage found during survey,

salvage or excavation

( 1 ) Any underwater cultural heritage discovered during any

survey, salvage or excavation works shall vest in the Commissioner

and shall be listed in the Register.

(2) Where the Commissioner takes possession of any underwater

cultural heritage, he shall within forty-eight hours cause to be

posted a list of the underwater cultural heritage in any port office

within the district where the underwater cultural heritage was

discovered.

(3) Any owner of the underwater cultural heritage may, upon

establishing his claim to the satisfaction of the Commissioner,

within one year from the time at which the underwater cultural

heritage came into the possession of the Commissioner, and upon

paying the salvage fees and expenses due, be entitled to have the

possession of the underwater cultural heritage upon such terms

and conditions as may be imposed by the Commissioner.

(4) An owner who fails to comply with any of the terms and

conditions imposed under subsection (3) commits an offence.

(5) Where no owner establishes a claim within one year, the

underwater cultural heritage shall be the absolute property of the

Federal Government.

(6) Unless otherwise directed by the Minister, the Commissioner

may preserve the underwater cultural heritage in situ.

PART X

NATIONAL HERITAGE

67. Declaration of National Heritage

(1) The Minister may, by order published in the Gazette,

declare any heritage site, heritage object, underwater cultural

heritage listed in the Register or any living person as a National

Heritage.

(2) In making a declaration under subsection (1) the Minister

may consider—

(a) the historical importance, association with or relationship

to Malaysian history;

(b) the good design or aesthetic characteristics;

(c) the scientific or technical innovations or achievements;

(d) the social or cultural associations;

(e) the potential to educate, illustrate or provide further

scientific investigation in relation to Malaysian cultural

heritage;

{f) the importance in exhibiting a richness, diversity or unusual

integration of features;

(g) the rarity or uniqueness of the natural heritage, tangible

or intangible cultural heritage or underwater cultural

heritage;

(h) the representative nature of a site or object as part of a

class or type of a site or object; and

(i) any other matter which is relevant to the determination

of cultural heritage significance.

(3) Where the site, object or underwater cultural heritage is

situated on State land, the Minister shall consult the State Authority

before making any declaration under subsection (1).

(4) Where the site, object or underwater cultural heritage is on

an alienated land or belongs to any person other than the Federal

Government or a State Government, the owner, custodian or trustee

of that site, immovable object or underwater cultural heritage shall

be notified at least thirty days prior to the date of the proposed

declaration.

(5) Where the declaration under subsection (1) involves an

intangible cultural heritage and copyright still subsists in such

works, the consent of the copyright owner shall be obtained before

any declaration is made.

(6) Where the declaration under subsection (1) involves a living

person, the consent of that person shall be obtained before any

declaration is made.

(7) A copy of the order shall be served on the owner, custodian

or trustee of the site, object or underwater cultural property or on

the living person.

(8) Any person who objects to the making of the declaration

under subsection (1) may submit an objection in writing to the

Minister within three months of its publication and may apply to

the Minister for the revocation of the order.

(9) The Minister may, after having been advised by the Council,

revoke or refuse to revoke the order and such decision shall be

final.

68. Nomination as National Heritage

Any person may nominate to the Minister in the prescribed

form any natural heritage, tangible or intangible cultural heritage,

living person or underwater cultural heritage to be declared as a

National Heritage.

69. Ownership or possession of National Heritage

Any National Heritage which is owned or possessed by a

person other than the Federal Government or the State Government

may remain in the possession of its owner, custodian or trustee.

70. Change in the ownership of National Heritage

(1) There shall be no change in respect of the ownership of

any National Heritage except by —

(a) inheritance; or

(b) sale, with the prior approval of the Commissioner.

(2) Where the owner, custodian or trustee intends to sell a

National Heritage, that owner, custodian or trustee shall give priority

to the Commissioner to purchase that National Heritage on an

agreed value or upon the instruction of the Commissioner to deal

with in such manner that the Commissioner deems fit.

(3) Where there is any dispute between the Commissioner and

the owner as to the reasonable compensation for such National

Heritage, such dispute shall be referred to the Minister whose

decision shall be final.

(4) Where a sale is effected pursuant to paragraph (l)(b), the

owner, custodian or trustee and the purchaser shall inform in

writing to the Commissioner within thirty days after the change

in ownership and the Commissioner shall cause to be made the

necessary amendment in the Register.

71. Listing of the National Heritage in the Register

The Commissioner shall cause to be listed a National Heritage

declared under subsection 67(1) in the Register.

72. Conservation and preservation of National Heritage

(1) The Minister may impose different procedures and guidelines

as may be prescribed for the management, conservation and

preservation of different categories of National Heritage.

(2) The Minister may approve any financial assistance to the

owner, custodian or trustee of a National Heritage for the compliance

with any procedure or guidelines prescribed under subsection (1).

PART XI

TREASURE TROVE

73. Uniformity of law with respect to treasure trove

This Part is made pursuant to Clause 1 (b) of Article 76 of the

Federal Constitution for the purpose of promoting uniformity of

the laws of the States of Malaysia relating to treasure trove.

74. Notice of discovery of treasure trove

( 1 ) Any person who discovers any treasure trove shall,

immediately give notice of such discovery to the Commissioner

or District Officer of the district where the treasure trove was

discovered and shall deliver the treasure trove to the District Officer

who shall acknowledge receipt.

(2) A District Officer receiving a notice under subsection (1)

shall notify the same to the Commissioner where such treasure

trove was discovered.

(3) If the District Officer has reason to believe that any treasure

trove has been discovered in his district and the discovery of the

same has not been notified to him under this Act, he shall by notice

in writing require the finder or suspected finder or the owner or

occupier of the place in which the treasure trove is discovered to

appear personally before him on a day and at a place mentioned

in the notice and deliver to him such treasure trove or suspected

treasure trove so discovered, and the District Officer shall

acknowledge receipt.

75. Notification for enquiry

(1) The District Officer shall cause a notice to the finder or

suspected finder or the owner or occupier of the place in which

the treasure trove is discovered or other person claiming the treasure

trove or any part of it requiring them to appear personally before

the District Officer on a day and at a place mentioned in the notice

for purpose of enquiring to determine—

(a) whether any object or article is treasure trove;

(b) the person by whom, the place at which, and the

circumstances under which, such treasure trove was

discovered; and

(c) as far as is possible, the person by whom, and the

circumstances under which, such treasure trove was hidden.

(2) The rights of a person mentioned in subsection (1) over the

treasure trove if they are found to be so are forfeited upon failure

of that person to appear.

76. Time to be allowed for suit by claimant

Where, after an enquiry made under section 75, the District

Officer has reason to believe that the treasure trove was hidden

within fifty years before the date of the discovery by a person

appearing as required by the said notification and claiming such

treasure trove, or by some other person under whom such person

claims, the District Officer shall make an order adjourning the

hearing of the case for such period as he deems sufficient, to allow

a suit being instituted in a court of competent jurisdiction by the

claimant to establish his right.

77. When treasure trove may be declared ownerless

( 1 ) Where-

(a) after such enquiry the District Officer sees no reason to

believe that the treasure trove was so hidden;

(b) a period is fixed under section 76, no suit is instituted

within such period to the knowledge of the District

Officer; or

(c) such suit is instituted within such period and the claimant's

claim is finally rejected,

the District Officer may declare the treasure trove to be ownerless.

(2) Any person aggrieved by a declaration made under

subsection (1) may appeal against the declaration within two months

from the date of the declaration to the High Court.

78. When treasure trove vests in State Government

When a declaration has been made in respect of any treasure

trove under section 77, such treasure trove shall vest in and belong

to the State Government.

79. Disposal of treasure trove

The State Authority may in its discretion pay as a reward to

the finder of any treasure trove and to the owner of any land in

which it was discovered such sums at it may think fit.

80. Power of the Commissioner to inspect any treasure trove

(1) The Commissioner or any officer authorized by him in

writing for that purpose may at all reasonable times inspect any

treasure trove in the possession of any person.

(2) It shall be the duty of every such person to permit such

inspection and to give to the Commissioner or such officer all

reasonable facilities to study such treasure trove and to make

drawings, photographs, prints, squeezes or reproductions by the

making of casts or by any other means.

(3) No such drawings, photographs, prints, squeezes or

reproductions under subsection (2) shall be sold without the consent

of the person in possession of the treasure trove.

81. Offence

Any person who, being the finder of any treasure trove, fails

to report the same or to deliver up the treasure trove or to state

the circumstances of the discovery or the origin of the same, or

wilfully makes a false report of such circumstances or such origin

commits an offence and shall, on conviction, be liable to a fine

not exceeding fifty thousand ringgit or to imprisonment for a term

not exceeding five years or to both.

82. Forfeiture of claim to and interest in treasure trove

( 1 ) Any person who is convicted of any offence under this

Part in respect of any treasure trove shall by virtue of such conviction

be not entitled to all claims to or interests in the same or the value

thereof or any reward in connection with the discovery thereof,

and in any such case the Magistrate may order the treasure trove

to be delivered to the State Secretary on behalf of the State Authority

wherein the same was discovered and in the case of the Federal

Territory of Kuala Lumpur, the Federal Territory of Labuan and

the Federal Territory of Putrajaya to the Minister responsible for

the Federal Territory of Kuala Lumpur, the Federal Territory of

Labuan and the Federal Territory of Putrajaya, and where the

Magistrate makes such order it shall be the duty of any person in

whose possession the treasure trove to deliver it accordingly.

(2) The respective State may order any treasure trove forfeited

under this section to be delivered to the owner or other person

entitled thereto or returned to the finder, as the case may be, upon

such terms and conditions as it may deem fit.

PART XII

LICENSING

Chapter 1

Export and import of heritage item

83. Licence to export

(1) No person shall export any heritage item unless a licence

to export has been obtained from the Commissioner.

(2) The Commissioner shall not issue such a licence if in his

opinion the heritage item concerned is reasonably believed to be

of national importance or interest.

(3) In an application for a licence to export any heritage item,

the applicant shall submit the description, declare the value and

furnish such relevant particulars which the Commissioner may

require and shall, if so required, deposit such heritage item with

the Commissioner for inspection.

(4) No licence shall be issued to any person unless he proves

to the satisfaction of the Commissioner that he is the owner of

such heritage item or that he is acting on behalf of and with the

authority of the owner.

(5) Where an enforcement officer or a proper officer of customs

has any reason to believe that an object or material which is to

be exported is a heritage item and without having a valid export

licence, he shall detain such object or material and immediately

notify the Commissioner within twenty-four hours for the

determination of such object or material.

(6) If the Commissioner is satisfied that the object or material

is a heritage item and is or will be of national importance or

interest, he may prohibit the export thereof.

(7) Any person who contravenes the provisions of

subsection (1) commits an offence and shall on conviction be

liable to imprisonment for a term not exceeding ten years or to a

fine not exceeding one hundred thousand ringgit or to both.

84. Importation of foreign heritage item

(1) A person who intends to import any foreign heritage item

shall notify the Commissioner with the documents certifying that

such foreign heritage item was lawfully transported out of a foreign

country.

(2) If there is a valid reason to believe that a foreign heritage

item which is in transit or has already been imported was

unlawfully transported out of a foreign country, the Commissioner

may take possession of it and keep it in custody but before he

executes such act he shall consult the Minister whose decision

shall be final.

(3) Where a foreign heritage item is detained under

subsection (2), the Commissioner shall keep and manage it as he

thinks fit.

(4) Where such foreign heritage item is proven to have been

lawfully transported out of the foreign country, the Commissioner

shall return it to the person importing it without delay.

(5) Where any country has proved that such foreign heritage

item was unlawfully exported and requested it be returned in

accordance with the terms of a treaty, or when the Commissioner

performs the duty of returning it in accordance with a treaty, he

shall, with the help of the competent authorities, take necessary

measures to return it to such country.

85. Minister may prescribe the necessary procedure

Where a foreign heritage item is brought into Malaysia by any

means, the Minister may prescribe the necessary procedure and

methods of safekeeping and may direct the Commissioner accordingly

to comply with such directions.

Chapter 2

Licence to excavate

86. Excavation of heritage object

(1) No person shall excavate any land for the purpose of

discovering an object unless he holds a licence approved by the

Commissioner.

(2) Any person who contravenes subsection (1) commits an

offence and shall on conviction be liable to imprisonment for a

term not exceeding five years or to a fine not exceeding fifty

thousand ringgit or to both.

87. Application for licence to excavate

An application for a licence to excavate shall —

(a) be made to the Commissioner in the prescribed form; and

(b) contain a full and accurate description of the land on

which it is proposed to be carried out, the purpose, nature

and extent of the proposed excavation and such other

particulars as may be required.

88. Approval or refusal of licence to excavate

(1) The Commissioner may in his discretion approve or refuse

any application for a licence to excavate.

(2) No licence under subsection (1) shall be approved unless

the Commissioner is satisfied —

(a) that the owner of the land where the proposed excavation

is to be made has consented to the excavation;

(b) that the proposed excavation will not cause any damage

or inconvenience to persons residing in the vicinity of

such land, or to any place used for religious purposes, or

to any cemetery, school, water source or supply, irrigation

or drainage works or public road, or that if any such

damage is likely to be caused adequate provision has

been made by the applicant for the payment of

compensation; and

(c) that the applicant is able to furnish security for the due

observance by him of any conditions imposed on the

licence or any regulations as may be prescribed.

89. Terms and conditions of licence

A licence approved under section 88 shall be valid for such

period as specified in the licence and subject to such conditions

as may be specified in it.

90. Extension and revocation of licence

(1) Any licence to excavate may, at any time before the expiration

of the period for which it was granted, be extended by the

Commissioner for such further period as he thinks fit.

(2) Any licence to excavate may, at any time before the expiration

of the period for which it was granted, be revoked by the

Commissioner in the event the licence holder is in breach of any

term or condition of the licence or such revocation is necessary

to safeguard the national interest, interest of national security or

for the purpose of any Government policy.

(3) A licence holder shall not be entitled to claim compensation

for any loss or damage suffered or alleged to have been suffered

by him by reason of such revocation under subsection (2).

(4) For the purposes of this section, what constitutes "national

interest", "interest of national security" or "Government policy"

shall be determined by the Minister on the recommendation of the

Commissioner and such determination shall be final.

(5) No appeal shall lie against the decision of the Minister

under subsection (4).

Chapter 3

Registration of dealer of heritage item

91. Registered dealer of heritage item

( 1 ) No person shall deal in any heritage item unless he is a

registered dealer and holds a certificate of registration approved

by the Commissioner.

(2) Any person who contravenes the provision of subsection (1)

commits an offence and shall on conviction be liable to imprisonment

for a term not exceeding five years or to a fine not exceeding fifty

thousand ringgit or to both.

(3) Any person may apply to be registered as a registered dealer

of cultural heritage to the Commissioner in the prescribed form

and manner.

(4) The Commissioner may approve or refuse such

application.

92. Information of stolen heritage item

(1) Any information on any stolen or lost of heritage item

which has been received by the police shall be communicated to

the Commissioner.

(2) Upon receiving the information under subsection (1) the

Commissioner shall notify the registered dealers the list and

description of such stolen or lost heritage item.

(3) If any property answering to the list and description is in

the possession of any registered dealer or which has been

offered or shown to any registered dealer, he shall without

any delay give information to that effect at the nearest police

station or to any police officer, with the name and address of the

person from whom he acquired or who offered or showed him the

same.

(4) Any registered dealer who fails to give information required

under subsection (3) commits an offence and shall on conviction

be liable to a fine not exceeding five thousand ringgit or to

imprisonment for a term not exceeding six months or to both.

(5) The registered dealer in such case may detain the

person offering or showing such item to him until the arrival of

the police.

93. Reports of sale or purchase of heritage item

(1) Every registered dealer who deals in heritage item shall,

when so required by order in writing by the Commissioner, in

respect of such period and in such manner as may be specified in

such order, report in writing to the nearest authorized officer full

details of any heritage item which he has bought or sold with the

price paid and the name and address of the vendor or purchaser

thereof, as the case may be.

(2) Such reports shall be legibly written in the national language

or in English language.

(3) Any registered dealer who, without reasonable excuse, fails

to comply with such order commits an offence and shall on conviction

be liable to a fine not exceeding twenty thousand ringgit or to

imprisonment for a term not exceeding two years or to both.

94. Enforcement officer may enter and search registered dealer's

business premises, etc.

Any enforcement officer may enter any registered dealer's

business premises at any time and may search without warrant

such premises which he has reason to suspect that any stolen or

lost heritage item is found in the premises.

95. Delivery to owner

( 1 ) If any person is convicted in any court of an offence under

Chapter XVII of the Penal Code [Act 574] in respect of any heritage

item and it appears to the court that the same has been sold to a

registered dealer, the court, on proof of the ownership of the

property, may, if it thinks fit, order, the delivery of that heritage

item to the owner either on payment to the registered dealer of the

amount of the purchase price or any part thereof or without payment

thereof or of any part thereof as the court may deem fit and proper.

(2) The court may also adjourn the proceeding for the

attendance of the registered dealer and may summon the registered

dealer to attend the adjourned hearing for the determination under

subsection (1).

PART XIII

APPEAL

96. Appeal

(1) Any person may, within thirty days from the date of the

notification of the decision of the Commissioner, appeal in writing

to the Minister if that person is aggrieved—

(a) by the decision of the Commissioner to designate or

not to designate a site as a heritage s i t e under

section 31;

b) by the issuance of an Interim Protection Order under

section 33;

(c) by the issuance of a Monument Preservation Order under

section 41;

(d) by the decision of the Commissioner to approve or refuse

the application to register an object as a heritage object

under section 51; or

(e) by the refusal of the Commissioner to approve any licence

under section 83 or 86 or any registration under

section 91.

(2) The Minister may confirm, reverse or vary the decision

appealed against and, in confirming, reversing or varying the

decision, may impose such terms or conditions as he deems just

or necessary.

(3) Before making any decision under subsection (2), the Minister

may refer the matter to the Council.

(4) The decision of the Minister under this section shall be

final.

(5) Where the decision is reversed or varied, the particulars of

the reversal or variation shall be entered in the Register.

PART XIV

POWERS RELATING TO ENFORCEMENT, SEIZURE, ARREST, ETC.

97. Appointment of enforcement officers

The Minister may appoint such number of enforcement officers

as may be necessary for the purposes of this Act and regulations

made under this Act.

98. Power to investigate

An enforcement officer or a police officer shall have the

power to investigate any offence under this Act.

99. Authority card

(1) There shall be issued to each enforcement officer an authority

card which shall be signed by the Minister.

(2) Whenever an enforcement officer exercises any of the powers

under this Act or any regulations made under this Act, he shall on

demand produce to the person against whom the power is being

exercised the authority card issued to him under subsection (1).

100. Search and seizure with warrant

(1) If it appears to a Magistrate, upon written information

on oath and after such enquiry as he considers necessary, that there

is reasonable cause to believe that—

(a) any premises has been used or are about to be used for;

or

(b) there is in any premises evidence necessary to the conduct

of an investigation into,

the commission of an offence under this Act or any regulations

made under this Act, the Magistrate may issue a warrant authorizing

the enforcement officer or police officer named therein, at any

reasonable time by day or by night and with or without assistance,

to enter the premises, if need be by force.

(2) A warrant issued under subsection (1) may authorize the

enforcement officer or police officer to search the premises for,

and to seize and remove from the premises —

(a) any object, material, book, document or other thing in

respect of which an offence has or is suspected to have

been committed; and

(b) any object, material, book, document or other thing that

is reasonably believed to furnish evidence of the

commission of the offence.

(3) An enforcement officer or a police officer acting under

subsection (1) or (2) may —

(a) break open any outer or inner door of the premises or any

fence, enclosure, gate or other obstruction to the premises,

in order to effect entry into the premises;

b) remove by force any obstruction to entry, search, seizure

or removal as he is empowered to effect under subsection

(1) or (2); and

(c) detain every person found in the premises until the search

has been completed.

101. Search and seizure without warrant

Whenever an enforcement officer or a police officer has

reasonable grounds to believe that any object, material, book,

document or other thing in respect of which an offence under this

Act or any regulations made under this Act has been committed

is likely to be found in or on any place, premises, person, vehicle,

vessel or conveyance and that by reason of delay in obtaining a

warrant under section 100 the object of the search is likely to be

frustrated, he may, without warrant, with such assistance and force

as is necessary —

(a) enter and search that place or those premises;

(b) stop and search that person, vehicle, vessel or conveyance;

and

(c) seize any object, material, book, document or other thing

which may be found and may be evidence of the commission

of such offence.

102. Search of persons

No person shall be searched except by another person of the

same gender, and such search shall be conducted with strict regard

to decency.

103. Seizure of thing, etc.

Without prejudice to subsection 100(2) and section 101, any

object, material, book, document or other thing that an enforcement

officer or a police officer reasonably suspects has been used or

will be used in the commission of any offence under this Act or

any regulations made under this Act may be seized and detained

by the enforcement officer or police officer.

104. Notice of seizure

(1) Where any seizure is made under this Part, the enforcement

officer or police officer making the seizure shall prepare a list of

every object, material, book, document or other thing seized and

of the place in which it is found and shall sign the list.

(2) The list prepared in accordance with subsection (1) shall be

delivered immediately to the occupant of the place or premises

where the object, material, book, document or other thing seized

is found.

(3) Where the seizure is made in or from any place or premises

which are unoccupied, the enforcement officer or police officer

making the seizure shall whenever possible post a list of the things

seized conspicuously at the place or premises.

(4) Where any object, material, book, document or other thing

is seized otherwise than in or from any place or premises, the

enforcement officer or police officer making the seizure shall give

a notice in writing of the seizure and the grounds of the seizure

to the owner of the object, material, books, document or other

thing seized by delivering a copy of such notice to the owner in

person or by post at his place of business or residence.

(5) A notice under subsection (4) need not be given where the

seizure is made in the presence or with the knowledge of the

owner.

105. Power of arrest

(1) Any enforcement officer or police officer may arrest

without warrant any person whom he reasonably believes has

committed or is attempting to commit an offence under this Act

or any regulations made under this Act.

(2) An enforcement officer making an arrest under

subsection (1) shall without unnecessary delay make over the

person so arrested to the nearest police officer or, in the absence

of a police officer, take such person to the nearest police station,

and thereafter the person shall be dealt with as is provided for by

the law relating to criminal procedure for the time being in force

as if he had been arrested by a police officer.

106. Obstruction of search, etc.

Any person who —

(a) assaults, obstructs, hinders or delays any enforcement

officer in effecting any entrance which he is entitled to

effect under this Act, or in the execution of any duty

imposed or power conferred by this Act; or

(b) fails to comply with any lawful demand of an enforcement

officer in the execution of his duty under section 105,

commits an offence and shall on conviction be liable to imprisonment

for a term not exceeding one year or to a fine not exceeding ten

thousand ringgit or to both.

107. Power to require attendance of persons acquainted with case

(1) The enforcement officer making an investigation under

this Act or any regulations made under this Act may, by order in

writing, require the attendance before himself of any person who

appears to him to be acquainted with the facts and circumstances

of the case, and such person shall attend as required.

(2) If any such person refuses to attend as required by an order

made under subsection (1), the enforcement officer may report his

refusal to a Magistrate who shall issue a warrant to secure the

attendance of such person as may be required by the order.

108. Examination of persons acquainted with case

(1) An enforcement officer making an investigation under

this Act or any regulations made under this Act may examine

orally any person supposed to be acquainted with the facts and

circumstances of the case and shall reduce into writing any statement

made by the person so examined.

(2) Such person shall be bound to answer all questions relating

to such case put to him by the enforcement officer, but he may

refuse to answer any question the answer to which would have a

tendency to expose him to a criminal charge or penalty or forfeiture.

(3) A person making a statement under this section shall be

legally bound to state the truth, whether or not such statement is

made wholly or partly in answer to questions.

(4) The enforcement officer examining a person under

subsection (1) shall first inform that person of the provisions of

subsections (2) and (3).

(5) A statement made by any person under this section shall,

wherever possible, be reduced into writing and signed by the

person making it or affixed with his thumb print, as the case may

be, after—

(a) it has been read to him in the language in which he made

it; and

(b) he has been given an opportunity to make any correction

he may wish.

109. Admissibility of statements by accused persons

(1) In any trial or inquiry by a court into an offence under

this Act, any statement, whether the statement amounts to a confession

or not, is oral or in writing, made at any time, whether before or

after the person is charged and whether in the course of an

investigation or not and whether or not wholly or partly in answer

to questions, by an accused person to or in the hearing of any

enforcement officer or a police officer, whether or not interpreted

to him by any other enforcement officer or police officer or any

other person, whether concerned or not in the arrest of that person,

shall, notwithstanding any written law or rule of law to the contrary,

be admissible at his trial in evidence and, if that person tenders

himself as a witness, any such statement may be used in cross-examination

and for the purpose of impeaching his credit.

(2) No statement made under subsection (1) shall be admissible

or used as provided for in that subsection if the making of the

statement appears to the court to have been caused by any inducement,

threat or promise having reference to the charge against the person,

proceeding from a person in authority and sufficient in the opinion

of the court to give that person grounds which would appear to

him reasonable for supposing that by making it he would gain any

advantage or avoid any evil of a temporal nature in reference to

the proceedings against him.

(3) Where any person is arrested or is informed that he may be

prosecuted for any offence under this Act, he shall be served with

a notice in writing, which shall be explained to him, to the following

effect:

"You have been arrested/informed that you may be prosecuted for

... (the possible offence under this Act). Do you wish to say

anything? If there is any fact on which you intend to rely in your

defence in court, you are advised to mention it now. If you hold it

back till you go to court, your evidence may be less likely to be

believed and this may have a bad effect on your case in general.

If you wish to mention any fact now, and you would like it

written down, this will be done.".

(4) Notwithstanding subsection (3), a statement by any person

accused of any offence under this Act made before there is time

to serve a notice under that subsection shall not be rendered

inadmissible in evidence merely by reason of no such notice having

been served on him if such notice has been served on him as soon

as is reasonably possible thereafter.

(5) No statement made by an accused person in answer to a

written notice served on him pursuant to subsection (3) shall be

construed as a statement caused by any inducement, threat or

promise as is described in subsection (2), if it is otherwise voluntary.

(6) Where in any criminal proceedings against a person for an

offence under this Act, evidence is given that the accused, on

being informed that he might be prosecuted for it, failed to mention

any such fact, being a fact which in the circumstances existing at

the time he could reasonably have been expected to mention when

so informed, the court, in determining whether the prosecution has

made out a prima facie case against the accused and in determining

whether the accused is guilty of the offence charged, may draw

such inference from the failure as appear proper; and the failure

may, on the basis of those inferences, be treated as, or as capable

of amounting to, corroboration of any evidence given against the

accused in relation to which the failure is material.

(7) Nothing in subsection (6) shall, in any criminal proceedings—

(a) prejudice the admissibility in evidence of the silence or

other reaction of the accused in the face of anything said in

his presence relating to the conduct in respect of which he is

charged, in so far as evidence thereof would be admissible

apart from that subsection; or

(b) be taken to preclude the drawing of any inference from

any such silence or other reaction of the accused which

could be drawn apart from that subsection.

110. Forfeiture of things, etc., seized

(1) Any object, material, book, document or other thing seized

under this Act shall be liable to forfeiture.

(2) Where anything has been seized under this Act the enforcement

officer may at his discretion temporarily return such thing to the

owner of the same on security being furnished to his satisfaction

that such thing shall be surrendered to him on demand or to

produce it before a court of competent jurisdiction.

(3) An order for the forfeiture under subsection (1) shall be

made if it is proved to the satisfaction of the court that an offence

under this Act or any regulations made under this Act has been

committed and that the object, material, book, document or other

thing was the subject-matter of or was used in the commission of

the offence, even though no person has been convicted of such

offence.

(4) If there is no prosecution with regard to any object, material,

book, document or other thing seized under this Act, such object,

material, book, document or other thing shall be taken and deemed

to be forfeited at the expiration of a period of one calendar month

from the date of service of a notice to the last known address of

the person from whom the object, material, book, document or

other thing was seized indicating that there is no prosecution in

respect of such object, material, book, document or other thing,

unless before the expiration of that period a claim thereto is made

in the manner set out in subsections (5), (6), (7) and (8).

(5) Any person asserting that he is the owner of the object,

material, book, document or other thing referred to under

subsection (4) and that it is not liable to forfeiture may personally

or by his agent authorized in writing give written notice to the

enforcement officer or police officer in whose possession such

object, material, book, document or other thing is held that he

claims the object, material, book, document or other thing.

(6) On receipt of the notice referred to in subsection (5), the

enforcement officer or the police officer shall refer the matter to

the Magistrate for a decision.

(7) The Magistrate to whom a matter is referred under

subsection (6) shall issue a summons requiring the person asserting

that he is the owner of the object, material, book, document or

other thing and the person from whom it was seized to appear

before the Magistrate, and when they appear or when they fail to

appear, due service of the summons having been proved, the

Magistrate shall proceed to examine the matter.

(8) If it is proved that an offence under this Act or any regulations

made under this Act has been committed and that object, material,

book, document or other thing referred to in subsection (7) was

the subject-matter of or was used in the commission of such offence,

the Magistrate shall order the object, material, book, document or

other thing to be forfeited and shall, in the absence of such proof,

order its release.

(9) Any object, material, book, document or other thing forfeited

or deemed to be forfeited shall be delivered to an enforcement

officer or a police officer and shall be disposed of in accordance

with the directions of the Magistrate.

(10) Where anything seized in exercise of the powers conferred

under section 100 or section 101 is of a perishable nature or where

the custody of such thing involves unreasonable expense and

inconvenience, the Commissioner, Deputy Commissioner or Assistant

Commissioner or the enforcement officer, as the case may be, may

direct that such thing be sold at any time and the proceeds of the

sale be held to abide by the result of any prosecution or claim

under this section.

111. No costs or damages arising from seizure to be recoverable

No person shall, in any proceedings before any court in

respect of the seizure of anything seized in the exercise or the

purported exercise of any powers conferred under this Act be

entitled to the costs of such proceedings or to any damages or

other relief unless such seizure was made without reasonable cause.

PART XV

OFFENCES

112. Offences in respect of heritage site

(1) No person shall, without the approval in writing of the

Commissioner—

(a) dig, construct, excavate, build, plant trees, quarry, irrigate,

burn lime or deposit earth or refuse, on or in the heritage

site or conservation area;

(b) demolish, disturb, obstruct, modify, mark, pull down or

remove any monument in any heritage site;

(c) erect any building or structure abutting upon a monument

in any heritage site;

(d) destroy the relationship of a building and its environment

that is incompatible with the character of the neighbourhood

in any heritage site;

(e) clear any area or interfere with, destroy or remove any

tree, plant undergrowth, weed, grass or vegetation in any

heritage site; or.

{f) do any activities or actions that would likely cause damage

to the adjacent and surrounding land which have been

registered as heritage site.

(2) Any person who, without lawful authority, contravenes

subsection (1) shall be guilty of an offence and shall on conviction

be liable to imprisonment for a term not exceeding five years or

to a fine not exceeding fifty thousand ringgit or to both.

(3) Any person who has in his possession or custody or under

his control, any material originating from the land which constitutes

a natural heritage or cultural heritage, shall be presumed to have

extracted, removed or transported or permitted the extraction, removal

or transportation of natural heritage or cultural heritage without

lawful authority.

(4) Any person convicted of an offence under this section may

be ordered to pay, in addition to any punishment, imposed under

subsection (2), compensation equal to the value of the object and

of anything damaged in the course of its extraction.

(5) For the purposes of subsection (4), the value of any object

shall, in the absence of evidence to the contrary, be deemed to be

such amount as the Federal Government valuer may certify.

(6) Any sum ordered to be paid under subsection (4) shall be

recoverable as if it were a fine imposed on conviction.

113. Offences in respect of heritage object

Any person who destroys, damages, disfigures, disposes or

alters a tangible cultural heritage, without a permit issued by the

Commissioner commits an offence and shall on conviction be

liable to imprisonment for a term not exceeding five years or to

a fine not exceeding fifty thousand ringgit or to both.

114. Offences in respect of National Heritage

(1) No person shall, without the written approval of the

Commissioner, transfer, demolish, remove, alter, renovate, export,

add to or deal with any National Heritage except in case of urgent

and immediate necessity for the safety of persons or property.

(2) Any person who contravenes subsection f l ) commits an

offence and shall on conviction be liable to imprisonment for a

term not exceeding five years or to a fine not exceeding fifty

thousand ringgit or to both.

PART XVI

MISCELLANEOUS

115. Prosecution

No prosecution in respect of any offence under this Act or

any regulations made under this Act shall be instituted except by

or with the written consent of the Public Prosecutor.

116. Jurisdiction of Court of First Class Magistrate

Notwithstanding anything contained in any written law to

the contrary, a Court of a First Class Magistrate shall have the

jurisdiction to try any offence under this Act and to award the full

punishment for any such offence.

117. Offences committed by body corporate

Where a person charged with an offence under this Act or

any regulations made thereunder is a body corporate, every person

who, at the time of the commission of such offence was a managing

director, manager or other similar officer of such body corporate,

may be charged jointly in the same proceedings with the body

corporate, and where the body corporate is convicted of the offence

charged, every such managing director, manager or officer shall

also be deemed to have committed the offence and shall be liable

to the same penalty as the body corporate, unless he proves that

the offence was committed without his knowledge, consent or

connivance or that he took reasonable precautions to prevent its

commission.

118. General penalty

(1) Any person who commits an offence under this Act or

any regulations made under this Act where no penalty is expressly

provided shall on conviction be liable to a fine not exceeding fifty

thousand ringgit or to imprisonment for a term not exceeding five

years or to both, and for a second or subsequent offence he shall

be liable to a fine not exceeding one hundred thousand ringgit or

to imprisonment for a term not exceeding ten years or to both.

(2) Where the offence committed resulted in damage to or the

demolition or destruction of a heritage item, the court may order

the person to pay, in addition to any penalty that may be imposed

under subsection (1), the costs of the repair, restoration or

reconstruction of the heritage item.

119. Compounding of offences

(1) The Commissioner may, with the consent in writing of

the Public Prosecutor, compound any offence committed by any

person under this Act or any regulations made under this Act, by

accepting from the person reasonably suspected of having committed

such offence a sum of money not exceeding fifty percent of the

maximum fine for that offence, within the time specified in the

offer.

(2) An offer under subsection (1) may be made at any time after

the offence has been committed, but before any prosecution for it

has been instituted.

(3) If the amount specified in the offer under subsection (1) is

not paid within the time specified in the offer or within such

extended period as the Commissioner may grant, prosecution for

the offence may be instituted at any time after that against the

person to whom the offer was made.

(4) Where an offence has been compounded under

subsection (1) no prosecution shall be instituted after that in respect

of the offence against the person to whom the offer to compound

was made and where possession has been taken of any books,

records or other documents or any other thing, such books, records,

documents or things may be released subject to such conditions

as may be imposed in accordance with the conditions of the

compound.

(5) The amounts received under this section shall be paid into

and form part of the Federal Consolidated Fund and in the case

of offences under Part XI the amounts received shall be paid into

and form part of the State Consolidated Fund.

120. Public servants

The Commissioner, Deputy Commissioner, Assistant

Commissioners, authorized officers, enforcement officers, all

members of the Council and the committee, any member of the

staff or agent of the Commissioner while discharging their duties

or performing their functions or exercising their powers under this

Act, shall be deemed to be public servants within the meaning of

the Penal Code.

121. Immunity from legal action

No legal proceeding, prosecution or other form of litigation

may be instituted or maintained against—

(a) the Commissioner, Deputy Commissioner or Assistant

Commissioner;

(b) any member of the Council;

(c) any authorized officer or enforcement officer; or

(d) any person employed in the office of the Commissioner

or the Council,

in his personal capacity in respect.of any act, omission, decision

or statement done or made for the purpose of or incidental to the

implementation or proposed implementation of the provisions of

this Act or any regulations made under this Act unless such act,

omission, decision or statement was done or made by his wilful

neglect or default.

122. Public Authorities Protection Act 1948

The Public Authorities Protection Act 1948 [Act 198] shall

apply to any action, suit, prosecution or proceeding against the

Commissioner, Deputy Commissioner, Assistant Commissioners,

authorized officers, enforcement officers, any member of the Council

or the committee, any member of the staff or agent of the

Commissioner or the Council in respect of any act, neglect or

default done or committed by it or by him, as the case may be,

in such capacity.

123. Delegation of powers

The Commissioner may generally or specially authorize the

exercise, performance or discharge of any of his powers, duties or

functions under this Act or any regulations made under this Act

to any officer appointed under subsection 5(1).

124. Regulations

(1) The Minister may make any regulations as may be expedient

or necessary for the better carrying into effect of the provisions

of this Act.

(2) Without prejudice to the generality of subsection (1),

regulations may be made for all or any of the following purposes:

(a) prescribing any matter which is required under this Act

to be prescribed;

b) prescribing the conservation management plan;

(c) prescribing the conditions and restrictions (including the

payment and amount of a fee) subject to which any licence

or permit under this Act may be granted or issued;

(d) providing for procedures for application, terms and

conditions to be imposed on licences, and for fees, charges

and deposits in respect thereof, including provisions for

the forfeiture, use or return of such deposits;

(e) prescribing the management and procedures for the

conservation and preservation of heritage sites, heritage

objects, underwater cultural heritage and National Heritage;

(f) prescribing guidelines and procedures for the conservation

and preservation of intangible cultural heritage;

(g) prescribing the procedure for compounding such offences;

and

(h) prescribing a penalty or a fine not exceeding twenty-five

thousand ringgit for the contravention of or failure to

comply with any of the provisions of any regulations

made under this Act or with the restrictions or conditions

of any licence or permit granted under any such regulations.

PART XVII

REPEAL AND SAVING PROVISIONS

125. Repeal and saving

(1) Subject to subsection (2), the Antiquities Act 1976

[Act 168] and the Treasure Trove Act 1957 [Act 542] are repealed.

(2) The Treasure Trove Act 1957 shall continue to apply to

those States which do not adopt the provisions of Part XI of this

Act by a law made by the Legislature of the relevant States in

accordance with Clause (3) of Article 76 of the Federal Constitution.

(3) All appointments, regulations, rules, by-laws, exemptions,

directions and orders made, all registers kept and all certificates

granted or having effect under the laws or orders repealed by this

section and in force or having effect at the commencement of this

Act, shall (without prejudice to the power of the Minister to amend

the regulations, rules and by-laws or to amend, revoke or withdraw

the exemptions, directions or certificates by order or direction

made under the appropriate provisions of this Act and subject to

such modifications as may be necessary to bring the regulations,

rules, by-laws, exemptions, directions or orders in conformity with

this Act) continue to be in force and have effect as if they had been

made, kept or granted under this Act, until otherwise provided for

under this Act.

126. Prevention of anomalies

(1) The Minister may, by order, make such modifications in

the provisions of this Act as may appear to him to be necessary

or expedient for the purpose of removing any difficulty occasioned

by the coming into force of this Act.

(2) The Minister shall not exercise the powers conferred by this

section after the expiration of two years from the date of coming

into operation of this Act.

(3) In this section, "modifications" includes amendments,

additions, deletions, substitutions, adaptations, variations, alterations

and non-application of any provision of this Act.