National Heritage Act 2005

Original Language Title: National Heritage Act 2005

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National heritage 1 laws of MALAYSIA Act REPRINTING 645 National Heritage Act 2005 Containing all amendments to 1 June 2006 National Heritage 1 LAWS OF MALAYSIA Act REPRINT 645 NATIONAL HERITAGE ACT 2005 Incorporating all amendments up to 1 June 2006 PUBLISHED BY THE COMMISSIONER OF LAW REVISION, China UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 IN COLLABORATION WITH PERCETAKAN NASIONAL MALAYSIA BHD 2006 PUBLISHED by the COMMISSIONER of law revision , China UNDER the AUTHORITY of law REVISION ACT 1968 in COLLABORATION with PERCETAKAN NASIONAL MALAYSIA BHD 2006 2 laws of Malaysia ACT 645 National Heritage Act 2005 Royal Assent Date.................. December 30, 2005 date of publication in the Gazette............ 31 December 2005 national heritage 3 ARRANGEMENT of SECTIONS part I preliminary section 1. Short title and commencement 2. Interpretation Part II CONSERVATION And HERITAGE PRESERVATION 3. Policies with regard to the conservation and preservation of heritage PART III ADMINISTRATION ACT 4. Appointment Of Commissioner Of Heritage 5. Appointment of officers 6. Functions Of Commissioner 7. Power Of Commissioner PART IV NATIONAL HERITAGE COUNCIL 8. Establishment Of National Heritage Council 9. The Functions Of The Council 10. Membership Of The Council Of 11. Secretary 12. The term of Office the laws of MALAYSIA Act 645 NATIONAL HERITAGE ACT 2005 4 laws of Malaysia ACT 645 section 13. Revocation of appointment and resignation of members of 14. Vacation of Office 15. Filling vacancy 16. Council Meeting 17. Procedure 18. Committee of 19. Remuneration or allowance part V 20 HERITAGE FUND. The Establishment Of The Fund 21. Expenses shall be charged on the Fund 22. Accounts and audit PART VI REGISTER of NATIONAL HERITAGE 23. The register of national heritage PART VII HERITAGE SITE Chapter 1 24 heritage site Setting. Designation Of Heritage Site 25. Adjoining sites and close to 26. Inspection site 27. Notice to owner, etc.
28. The objection 29. 30 hearing. The Consent Of The State Authority 31. The Decision Of Commissioner 32. Notice to local planning authorities of national heritage 5 Chapter 2 an Interim Protection Order Section 33. The Commissioner may make an Interim Protection Order 34. The duration of an Interim Protection Order 35. The work allowed during an Interim Protection Order Chapter 3 business which involves 36 heritage site. Notice of intention to sell 37 heritage site. Change the owner of the heritage site Chapter 4 conservation and preservation of 38 heritage sites. The care of the heritage site 39. Examination of the heritage site 40. Application for planning permission for the heritage site 41. 42 Monuments preservation order. Duty to take care of the heritage site in good condition 43. 44. Financing conservation work The power to impose fees in Chapter 5 conservation area and conservation management plan 45. Conservation area 46. Management plan for the conservation of HERITAGE OBJECTS PART VIII Chapter 1 Penjumpaan 47 object. 48. Penjumpaan objects Proprietary object 49. Heritage objects by declaration as Commissioner of the 6 laws of Malaysia ACT 645 Chapter 2 Application for the registration of Section 50. Application for the registration of 51 heritage object. Approval or rejection of the application for the registration of 52. Certificate of registration Chapter 3 Object Management heritage 53. Compensation for certain heritage objects 54. The earmarking of part in 55 heritage object. Disputes about compensation or the earmarking of 56. The sale or disposal of heritage objects 57. Notice of intention to sell or heritage object memindahmilikan 58. Change the owner of heritage objects 59. Conservation of heritage objects 60. Intangible cultural heritage conservation PART IX UNDERWATER CULTURAL HERITAGE 61. Penjumpaan underwater cultural heritage 62. Its possession, custody or control of underwater cultural heritage can move 63. Declaration of cultural heritage under 64. Zones covered 65. Salvaj work and excavations must be licensed 66. The ownership of underwater cultural heritage found during measurement, salvaj or excavations part X 67 NATIONAL HERITAGE. 68. The Declaration Of National Heritage Nomination as national heritage national heritage 7 Section 69. The ownership or possession of national heritage 70. National heritage ownership Exchange 71. National Heritage listing in the register 72. Conservation and preservation of the national heritage PART XI TREASURE 73. The uniformity of the law with respect to the treasure hunt 74. Treasure hunt penjumpaan notice 75. Notification for investigation of 76. The time allowed for the suit by claimant's 77. When treasure can be declared ownerless 78. When the treasure State Government vested in 79. Disposal of treasure hunt 80. Power of Commissioner to examine any treasure 81. Error 82. The forfeiture claim to and interest in treasure PART XII LICENSING Chapter 1 export and import items 83 heritage. A licence to export the 84. Importation of foreign heritage item 85. The Minister may establish a procedure that should be chapter 2 licence to dig 86. Heritage objects 87 excavations. Application for licence to dig 8 laws of Malaysia ACT 88 Section 645. Approval or refusal of a licence to dig 89. The terms and conditions of the licence 90. Extension and cancellation of license Chapter 3 Registration dealer details heritage 91. Registered traders heritage item 92. Information about heritage items stolen 93. Reports of the sale or purchase of item 94 heritage. Enforcement officers can enter and search business premises registered dealers, etc.
95. Submission to the owner PART XIII APPEAL 96. Appeal PART XIV POWERS RELATING To Enforcement, SEIZURE, ARREST, Etc.
97. The appointment of enforcement officers 98. Authority to investigate 99. Card power 100. Search and seizure warrants with 101. Search and seizure without a warrant 102. Inspection 103. Seizure of objects, etc.
104. notice of seizure 105. The power of arrest of 106. Preventing search, etc.
National heritage 9 107. The power to require the attendance of the person who knew the case of 108. Examination of person who knew the case 109. Admissibility of statements of the accused person is 110. Forfeiture of things, etc., seized 111. There are no costs or damages arising from seizure can be retrieved PART XV ERROR 112. Offences with respect to heritage sites 113. Offences with respect to heritage objects 114. Offences with respect to national heritage PART XVI MISCELLANEOUS 115. Prosecution 116. The jurisdiction of the magistrate first class 117. Offences by body corporate 118. Penalties am 119. Compounding of offences 120. Public servants 121. Immunity from legal proceedings 122. Public authorities Protection Act 1948 123. Delegation of powers of the 124. Regulations PART XVII PROVISIONS REPEAL and SAVING of 125. Repeal and saving 126. Prevention of anomalies section 10 laws of Malaysia ACT 645 national heritage 11 an act to provide for the conservation and preservation of the national heritage, natural heritage, cultural heritage, tangible and intangible cultural heritage under water, treasure and for related matters.
[1 March 2006; P.u. (B) 53/2006] enacted by the Parliament of Malaysia as follows: part I preliminary short title and commencement 1. (1) this Act may be cited as the National Heritage Act 2005.
(2) of this Act come into force on such date as the Minister may, by notification in the Gazette; and the Minister may set different dates for the coming into operation of this Act for different parts of the country.
Laws of MALAYSIA Act 645 NATIONAL HERITAGE ACT 2005 12 laws of Malaysia ACT 645 interpretation 2. (1) in this Act, unless the context otherwise requires — "building" means a building or group of buildings that are separate or connected, caused by architecture, kehomogenannya or its place in the landscape, have a universal stand out from the view of history, art or science;
"ancient things" means — (a) any movable object or reasonably believed to be old at least fifty years old;
(b) any part of any objects that had at any later date added or rebuilt or overhauled; and (c) any omission on humans, plants or animals that are reasonably believed to be old or aged at least one hundred years;
"heritage items" means any national heritage, heritage site, heritage or cultural heritage object under water listed in the register;
"details of foreign heritage" means any item prescribed and covered so by the legislation of a foreign country, which is a party to a Treaty on the protection of objects or material culture;
"Register" means the register of national heritage created and maintained under section 23 that contains a list of heritage items;
"treasure hunt" means any money, coins, gold, silver, plated jewelry, bullion, precious stones or any object or thing worth found hidden in, or be found in anything that attaches to, or policy of a river or lake or sea, which Lord punyanya is not known or cannot be found, but does not include any significant cultural heritage;
National heritage 13 "spaces" includes human works or a combination of the work of nature and man, and areas including the site of ancient times that have universal value stand out from the view of history, aesthetic, ethnological or anthropological;
"Fund" means the Heritage Fund established under section 20;

"Customs Airport" and "custom 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;
"protect" means identification, protection, conservation, refurbishment, pengubahelokan, maintenance, documentation and penggiatan the same, artefacts, historic or traditional spaces and its environment;
"Minister" means the Minister charged with the responsibility for heritage;
"monument" means a work of architecture, sculpture and painting work making monument, elements or structures of the archaeological type, inscriptions, cave occupancy and combination, which has universal value stand out from the view of history, art or science;
"object" includes any ancient objects, movable tangible cultural heritage, intangible cultural heritage and historical object but does not include a treasure;
"historic object" means any artifacts or other objects upon which there is the importance of religious, traditional, artistic or historic and includes any — (a) materials such as ethnography of household or agriculture, things jewelry or personal ornaments;
(b) works of art such as sculptures, statues, paintings, manufacturing architecture, textiles, musical instruments, weapons and any other hands;
(c) manuscripts, coins, banknotes, medals, badges, emblem, coat of arms, banner-banners, weapons or armor; or (d) vehicles, ships and boats, that part or the whole of its production has been discontinued;
14 laws of Malaysia ACT 645 "heritage object" means an object is declared under section 49 or registered under section 51 as heritage objects;
"customs officer" has the same meaning assigned to it by the Customs Act 1967;
"the port officer" has the same meaning assigned to it by the Merchant Shipping Ordinance 1952 [Ord. No. 70 1952];
"enforcement officer" means any officer appointed by the Minister under section 97;
"conservation management plan" means a plan for the conservation of which is provided under section 46;
"upgrading" means the process of recover accurately, shape and details of a structure or part of a structure and the structure of the position, as found in an extended period of time, by moving work later and replace the original work is lost, and includes — (a) upgrading the fully involving both external and internal division;
(b) upgrading the part involving the outside, inside, or any combination of the part and is used when only part of a structure is important in showing the value of the cultural historical significance, or contribute to the value to which the specified area; and (c) the overhaul in adaptations that involves all or part of the external refurbishment with the inside adapted for a modern functional use;
"reconstruction" means the process of accurately reproduce through a new construction, shape and details of a structure that has been lost, or part of the structure, as found in an extended period of time and includes reconstruction in whole or part;
National Heritage 15 "preservation" means intended to discontinue the further deterioration, decay or obsolete and provides secure and strong structure but do not expect significant redevelopment and includes — (a) techniques not available or slow down the process of decline, decay or obsolete condition of an item or structure;
(b) improvement of structural conditions to make a structure safe, habitable, or otherwise useful; and (c) regular maintenance and minor repairs that do not alter or harm the appearance of the fabric or the history of a structure;
"recovery" means the process of return of an asset through the utility of repair or alteration, which allows an efficient use of time while preserving the parts and features of the property of a material to architecture aboard;
"conservation" includes maintenance, refurbishment, reconstruction, rehabilitation and reconciliation or any of its affiliates;
"owner", in relation to any land, means the registered owner or holder through its follow the custom of the land;
"residents" including those who grow the plants or the person who actually owns, manages or controls any land, and includes any person who has possession or control of any property over the land or premises;
"collector" means any person who acquires removable cultural heritage material for purposes other than for sales;
"dealer" means any person to whom the profits from buying and selling of the exhibits on display and includes a trader registered;
"registered dealer" means any trader licensed under section 91;
16 laws of Malaysia ACT 645 "within Malaysian waters" means the waters specified by the Malaysian territory Ordinance No. 7 (the powers necessary) Emergency 1969 [P.U. (A) 307A/1969];
"Commissioner" means the Commissioner of Heritage appointed under section 4;
"the 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 planning authorities competent under the laws of the State of Sabah and Sarawak;
"archaeological relik" means — (a) any archaeological deposits; or (b) any artifacts, omission or material evidence that is associated with the archaeological deposits, in any part of Malaysia and over the age of fifty years or more;
"archeological reserve" means an area in which archaeological relik is located;
"site" includes any area, place, zones, natural heritage, monuments or buildings attached to land, the archaeological reserve and the land with buildings, trees, or archaeological reserves;
"heritage site" means a site is designated as heritage site under section 24;
"heritage" meaning generic national heritage, sites, objects and underwater cultural heritage whether listed or not in the register;
"National heritage" means any heritage site, heritage, cultural heritage objects under water or any person life, declared national heritage under section 67;
National heritage 17 "cultural heritage" includes the form of tangible or intangible property, structure or cultural artifacts and can include things, objects, items, artifacts, structural formation, performance, dance, singing, music heritage that is essential to the way of life of Malaysians, in terms of history or current, on or in the land or underwater cultural heritage for the form but does not include natural heritage;
"underwater cultural heritage" means all traces of human existence having a cultural, historical or nature archaeological partly or entirely under water, periodically or continuously, for at least one hundred years as — (a) the site, structure, building, human artifacts and relics, together with archaeological and natural context;
(b) vessels, aircraft, other vehicle or any part thereof, or the content of other cargo, together with archaeological and natural context; and (c) the object of a prehistoric;
"tangible cultural heritage" includes spaces, monuments and buildings;
"intangible cultural heritage" includes any form of expression, language, pronunciation of tongue, saying, the song generated through music, not, the lyrics can be heard, singing, folk songs, oral traditions, poetry, music, dance as produced by the performing arts, theatre performances, sound and music composition, martial arts, which already exists or existed in respect of heritage or any part of or in connection with the Heritage Society of Malaysia;
"an important cultural heritage" means the cultural heritage value aesthetic, archaeological, architectural, cultural, historical, scientific, social, spiritual, linguistic or technology;
"natural heritage" includes natural features of any area in Malaysia comprising land formation physically or biologically or group of the geological formation, characteristics or fisiografi, mountains, rivers, streams, rock formation, deepwater or any natural sites that have that stand out from the view of natural history, science, conservation or natural beauty including the flora and fauna of Malaysia;
18 laws of Malaysia ACT 645 "zone" means an area or part of an area for the purpose of preservation and refurbishment in respect of rural and urban landscapes, whether natural or man-made, which has an important cultural heritage.
(2) in this Act, a reference to the State authority in relation to the Federal territory of Kuala Lumpur, Labuan and Putrajaya should be construed as a reference to the Minister responsible for the Federal territory of Kuala Lumpur, Labuan and 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 HERITAGE PRESERVATION

Policies with regard to the conservation and preservation of heritage 3. (1) subject to subsection (2), the Minister shall be responsible for preparing or issuing policies, statements or instructions in respect of any matter, business, strategy or handling conservation and heritage preservation.
(2) the Minister may not prepare or issue any policies, statements or directions under subsection (1) if the item, business, strategy or handling conservation and heritage preservation involves the power or jurisdiction of the State unless the State authority has dirundingi.
National heritage 19 PART III ADMINISTRATION ACT Appointing Commissioners Heritage 4. (1) there shall be appointed by the Minister, an officer known as "Commissioner of Heritage" for the purpose of carrying out the powers and functions granted 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 (s).
(5) an officer appointed to be the Commissioner shall hold office for a term of not more than three years and are eligible for re-election.
Appointment of officers 5. (1) the Minister may, from time to time, appoint such number of Deputy Commissioners, Assistant Commissioners, the authorised officers and any other officers as may be necessary to assist the Commissioner in the performance of its functions and exercise of its powers under this Act.
(2) all officers appointed under subsection (1) shall be subject to surveillance, command and control of the Commissioner.
Functions Of Commissioner 6. Functions of the Commissioner are as follows: (a) to determine the designation of site, the registration object and underwater cultural heritage;
20 laws of Malaysia ACT 645 (b) to establish and maintain the register and to determine and impose the heritage category to be listed in the register;
(c) to monitor and supervise the conservation, maintenance, refurbishment, maintenance, promotion, pemameran and heritage access facilities;
(d) to encourage and facilitate such research relating to heritage;
(e) to authorize, monitor and oversee the excavations for the purpose of inheritance;
(f) to maintain documents relating to any excavations, exploration, penjumpaan or finding a heritage;
(g) to establish and maintain communication and cooperation with the State authority in respect of the conservation and preservation of heritage matters;
(h) to advise and coordinate with the local planning authority, the Council and other bodies and entities at all levels for the purpose of protecting, promoting and dealing with any heritage;
(i) to promote and regulate the standards and practices applicable in the conservation and preservation of heritage;
(j) to advise the Minister in respect of any matters relating to the conservation and preservation of heritage;
(k) to perform any other functions under this act as may be conferred by the Minister from time to time; and (l) to do all things incidental to or arising from the discharge of the powers and functions.
Power Of Commissioner 7. Subject to and for the purposes of this Act, the powers of the Commissioner are as follows: (a) to enter into contracts;
National heritage 21 (b) to acquire, purchase, take, hold and enjoy every type of movable and immovable property;
(c) to transfer, assign, surrender, return, mortgage, charge, pledge, mendemis menyerahhakan again, transferred, or otherwise dispose of, or make any business of any movable or immovable property and any interest in any property, movable or immovable, which is 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 Of The Establishment Of The National Heritage Council 8. There shall be established the National Heritage Council.
Functions Of Council 9. (1) the functions of the Council — (a) to advise the Minister and the Commissioner on all matters relating to inheritance, and proper administration and enforcement of laws relating to inheritance; and (b) to advise the Minister and the Commissioner about any matter referred to it by the Minister or Commissioner.
(2) the Minister and the Commissioner is not bound to act on the advice of the Council.
Membership Of The Council 10. (1) the Council shall consist of the following members: (a) the Chairman, who shall be appointed by the Minister;
22 laws of Malaysia ACT 645 (b) Secretary General of the Ministry of culture, arts and heritage or his representative;
(c) Ministry of tourism Secretary General or his/her representative; (d) the Director General of the town and country planning or his representative; (e) the Director General of the Museum and antiquity Department or his/her representative; (f) the Commissioner; and (g) not more than six other members, at least one of whom is a public officer who has experience or expertise in relation to management, conservation or preservation of sites and objects of natural or cultural heritage of a material, which shall be appointed by the Minister.
(2) the Minister may appoint any member of the Council to exercise the function of Chairman of — (a) If for any substantial period the Chairman is unable, due to illness, holidays or any other reason, to perform its functions; or (b) during any period of vacancy the Chairman.
(3) members who are appointed as Chairman under subsection (2) shall, during the period he function of Chairman under this section, be deemed to be the Chairman.
Secretary 11. There shall be a Secretary to the Council who shall be appointed by the Commissioner.
The term of Office 12. Subject to section 13, a member appointed under paragraph 10 (a) or (g) shall, unless he resigns beforehand or his appointment is sooner revoked, hold office for a term not exceeding three years as determined by the Minister at the time of his appointment and shall be eligible for re-election.
National heritage 23 revocation of appointment and resignation members 13. (1) the appointment of members under paragraphs 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 notice in writing addressed to the Minister.
Vacation of Office 14. Office of a member appointed under paragraph 10 (a) or (g) shall be vacated if — (a) he dies;
(b) 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 incarceration (imprisonment only, or in addition to a penalty or in lieu of a fine) for more than two years;
(c) he becomes bankrupt;
(d) he is not of unsound mind or otherwise is unable to meet its obligations;
(e) he fails to attend meetings of the Council three times consecutive-also without the permission of the Chairman and in the case of the Chairman without the consent of the Minister;
(f) the resignation is received by the Minister; or (g) his appointment is revoked by the Minister.
24 laws of Malaysia ACT 645 Filling vacancy 15. If a member appointed under paragraph 10 (a) or (g) cease to be a member of the Council, the Minister may appoint another person to fill the vacancy for the remaining period of the members clear the posts is appointed.
Council Meeting 16. (1) the Council shall meet as often as necessary in a year for the performance of its functions.
(2) the Chairman shall preside at all meetings of the Council.
(3) a Council meeting shall be called by the Chairman by notice in writing to the other members and the meeting shall be held at times and places specified in the notice.
(4) a quorum of the Council is five people.
(5) Council decisions shall be through a majority, and if there are the same number of votes, the Chairman shall have the casting vote.
Procedure 17. Subject to this Act, the Council shall determine its own procedure.
The Committee 18. The Council may establish committees consisting of members of the Council or person who is not a Council member or a combination of both to advise or assist the Council on any matters relating to its functions as it considers necessary in the performance of its functions under this Act.
National heritage 25 remuneration or allowance 19. Members of the Council or Committee may be paid out of the Fund any remuneration or allowance as may be determined by the Minister after consultation with the Minister of finance.
Part V INHERITANCE FUND Establishment Of Fund 20. (1) for the purposes of this Act, a fund known as the "Heritage Fund" was established.
(2) the Fund shall be controlled, maintained and operated by the Commissioner.
(3) the Fund shall consist of — (a) any sum of money allocated by Parliament from the Consolidated Fund and otherwise for the purposes of this Act;
(b) all moneys received through donations, gifts or grants;
(c) all moneys derived from the levy imposed under this Act;

(d) interest received from investment through fixed deposits funds on Credit Fund;
(e) repayment of any loans that are payable under this Act;
(f) all funds on Credit Fund which are not immediately required for the purposes of this act as may be approved by the Minister;
(g) all money borrowed with the consent of the Minister of finance for the purposes of the Fund; and (h) all moneys or other property that may be in such a way become due or vested in the Commissioner in respect of any matter incidental to the functions, powers or duties.
26 laws of Malaysia ACT 645 expenses shall be charged on the Fund 21. Fund shall be expended for the purposes of the following: (a) payment for the purchase of heritage and conservation area in accordance with this Act;
(b) the payment of expenses incurred for — (i) the conservation and preservation of such heritage and conservation area whether that area is owned by the Government or otherwise;
(ii) organizing campaigns, research, learning, publishing materials for heritage protection and conservation area; and (iii) the conservation and preservation of any heritage items and activities incidental thereto;
(c) any payment of a grant or loan under this Act; and (d) any other payments for the purposes of this Act.
Accounts and audit 22. The Commissioner shall cause proper accounts to be kept and maintained in respect of the Fund in accordance with the provisions of the Act statutory bodies (accounts and annual reports) 1980 [Act 240].
PART VI REGISTER Of NATIONAL HERITAGE National Heritage Register 23. (1) the Commissioner shall establish and maintain a register called the register of national heritage as may be prescribed that contains a list of the details of the heritage that is registered under this Act.
National heritage 27 (2) the Commissioner shall make the register available for public inspection subject to such conditions as he may deem fit.
(3) any person may on payment of the fee prescribed by the Minister — (a) inspect the register; and (b) make copies of, or take extracts from, the register.
PART VII HERITAGE SITE Chapter 1 designation of heritage sites designation of heritage site 24. The Commissioner can set any site that has a heritage of natural or cultural heritage becomes an important heritage site.
Adjoining sites and close to 25. (1) If a site does not have natural heritage or cultural heritage which is important but the Commissioner is satisfied that the site should be designated as heritage site due to kedekatannya and for the protection and improvement of other sites designated as heritage site under section 24, the Commissioner can set up the site as a heritage site.
(2) any appointment made under subsection (1) shall be cancelled if the other site setting is cancelled.
Inspection site 26. (1) the Commissioner may at any time enter a site to examine, explore, investigate or carry out any work necessary for the purpose of determining whether to set up the site as a heritage site.
28 laws of Malaysia ACT 645 (2) the owner or occupier of the site shall be given a notice in writing not less than seven days from any entry is proposed.
(3) if any person object to any entry under subsection (1) on the ground of religious concerns or, entries shall not be made except with the consent in writing of the State authority that the site is located.
(4) the Commissioner may make any arrangement with the owner or occupier of the site for any loss or damage caused or alleged to have been suffered by the owner or occupier is due to entry under subsection (1).
(5) any person who prevents the Commissioner or refused to allow entry into any site for inspection, reconnaissance, investigation, or to carry out any works under subsection (1) commits an offence.
Notice to owner, etc.
27. (1) when a determination is made to fix a site as a heritage site, the Commissioner shall, at least sixty days before making the appointment, giving a notice in writing in such form and manner as may be prescribed by the Commissioner to the owner of the site about the intention to register the site as a heritage site.
(2) as soon as possible after giving notice under subsection (1) the Commissioner shall be — (a) the result published in the Gazette and the 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 setting in its opinion appropriate for publication; and national heritage 29 (b) to file a notice of intention to designate the site as a heritage site in the site's soil Office is located.
28 protest. The 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 delivering a notice of objection to the Commissioner within thirty days from the date of publication of the notice under paragraph 27 (2) (a).
The hearing of 29. If a notice of objection setting for the site to be served in accordance with section 28 the Commissioner shall fix the date, time and place for the hearing of objections and shall, at least twenty-one days before the date of the hearing serve notice of the hearing in such form and manner as may be prescribed by the Commissioner, to the protest and the owner of the site.
The Consent Of The State Authority 30. If a site is in a State, the Commissioner shall obtain the consent of the State authority for the State before any determination is made.
The Decision Of Commissioner 31. (1) where the Commissioner, after hearing the evidence of the parties, if any, is satisfied that — (a) the site was an important cultural heritage; and (b) the State authority has given his consent under section 30, he shall — (i) prescribing the site as a heritage site;
30 laws of Malaysia ACT 645 (ii) record the heritage sites in the register; and (iii) provide the owner a written notice of the decision of the Commissioner.
(2) at the earliest time possible after the results of the segara made under subsection (1), the Commissioner shall be — (a) the result published in the Gazette and the local newspaper — (i) a notice that the site has been designated as heritage sites; and (ii) any other matters constituting or relating to the setting in its opinion appropriate for publication; and (b) filing a notice of the land Office place heritage site is located that inform that the site has been designated as heritage sites.
(3) if the Commissioner makes a decision not to proceed with the designation of the proposed sites, he shall immediately inform the owner of the site and the site's public land Office is located in writing of the decision, with or without assigning any reason.
Notice to local planning authorities 32. The Commissioner shall notify the local planning authority for local authority areas place heritage site is located on the heritage site setting so that local planning authorities shall take into consideration any matter, policies, strategies or action plans in relation to the importance of the heritage sites in providing any development plans in the local authority area under the town and country planning Act 1976 in Peninsular Malaysia or the laws of the State of Sabah and Sarawak.
National heritage 31 Chapter 2 an Interim Protection Order Commissioner can make an Interim Protection Order 33. (1) when a notice is delivered to the owner of the site under subsection 27 (1) the Commissioner may, with the agreement of the State authority, issue an order of Interim Protection in respect of a particular site if in the opinion of the Commissioner 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 an Interim Protection order may be served on the owner of the site.
(4) an Interim Protection Order in effect at the time of the presentation of the Interim Protection Order.
(5) the Commissioner may at any time cancel the Interim Protection Order.
(6) any person who contravenes an Interim Protection Order commits an offence.
(7) the Commissioner may make any arrangement with the owner or occupier of the site for any loss or damage caused or alleged to have been suffered by the owner or occupier of that caused by 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.
The Duration Of An Interim Protection Order 34. (1) an Interim Protection Order shall remain 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 32 laws of Malaysia ACT 645 (b) up to — (i) the site designated as heritage sites;
(ii) the Commissioner decided not to proceed with the proposed designation of site; or (iii) an Interim Protection Order revokes the Commissioner.
(2) the Commissioner may at any time extend the Interim Protection Order continues in force.

(3) notice of the extension shall be conveyed by the same way as an Interim Protection Order is delivered.
The work allowed during an Interim Protection Order 35. (1) any person affected by an Interim Protection Order may apply to the Commissioner to carry out any work or activity on the site.
(2) when the application is received the Commissioner may approve any work or activity on the site is reasonable provided that the work or activity proposed that does not reduce or affect cultural heritage important for the site.
(3) an approval under subsection (2) may be subject to such conditions as may be imposed by the Commissioner.
(4) any person who fails to comply with any conditions imposed under subsection (2) commits an offence.
Chapter 3 business which involves heritage site notice of intention to sell 36 heritage site. One owner heritage sites that make a sale agreement the whole or any part of the heritage site, shall notify the Commissioner in writing in such form of national heritage 33 prescribed information about the existence of the agreement within twenty-eight days from the date of the agreement.
Change the owner of the heritage site 37. (1) any person who buys or acquires any heritage site shall be within twenty-eight days from the date of the completion of the purchase or acquisition, inform the Commissioner in writing of — (a) the name and address of that person; and (b) whether the person intends to occupy the site.
(2) a person who has told the Commissioner of information under subsection (1) shall, within twenty-eight days of any change of information provided that, tell the Commissioner in writing of the change.
Chapter 4 the conservation and preservation of the heritage site care of 38 heritage sites. (1) if the heritage site is located on land alienated, the Commissioner may after consultation with the State authority — (a) to enter into arrangements with the owner or occupier for inspections, maintenance, conservation and preservation of the heritage sites;
(b) the purchase or lease of such heritage sites;
(c) acquire the heritage sites in accordance with the provisions of any written law relating to land acquisition for public purpose; or (d) transfer the whole or any part of the building or monument on the site of the heritage.
34 the laws of Malaysia ACT 645 (2) if the owner or occupier agrees with any arrangement under paragraph 1 (a), the Commissioner can make a contribution for the cost of carrying out any repairs or conservation as he thinks necessary.
(3) if the contribution to the cost of the work is made, the work shall be carried out in accordance with the directions of the Commissioner.
(4) the Commissioner shall pay for any damage caused to the monument site or as a result of the transfer of any monument under paragraph 1 (d) and can agree with 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 of natural resources whose decision shall be final.
Examination of the heritage site 39. (1) the owner or occupier of a heritage site which is located on land alienated shall permit the Commissioner or any authorized officer to enter the site to examine, explore, investigate or carry out any work necessary for the conservation, repair, maintenance and cleaning as it considers expedient or necessary.
(2) the owner or occupier shall be given notice in writing not less than seven days of any entry is proposed.
(3) if any person object to any kind of entry under subsection (1) on the ground of religious concerns or, entries shall not be made except with the consent in writing of the State authority place heritage site is located.
(4) the owner or occupier shall be entitled to claim compensation for any loss or damage caused or alleged suffered by him by reason of the entry under subsection (1).
(5) any dispute as to the amount of compensation shall be referred to the Minister of natural resources whose decision shall be final.
National heritage 35 Application for planning permission for the heritage site 40. (1) the Commissioner shall coordinate and advise the local planning authority prior to any planning permission or order development involving heritage site given.
(2) if the local planning authority to refer to any application by any person for planning permission or order of development Commissioner, the application shall include — (a) particulars sufficient to identify the monuments intended by the application, including aturnya layouts, building plan terukur and photograph every sudutnya, including the exterior and the Interior of the monument;
(b) any plans and other drawings as needed to describe work that lays the application;
(c) the measures that have been taken to ensure the security of land and heritage sites nearby; and (d) such other particulars as may be required by the Commissioner.
(3) for the purposes of paragraph 2 (c), the land near the means — (a) any land adjoining within two hundred metres from boundaries intended by the application under this section;
(b) any land that separated from the land intended by application made under this section by any roads, lanes, drainage or soil reserves its width not exceeding twenty metres and which will be adjacent to land intended by the application if the land is not separated by a street, alley, drainage or the reserve; or 36 laws of Malaysia ACT 645 (c) any land located within two hundred metres from boundaries intended by the application under this section.
(4) the Commissioner shall advise the local planning authorities in order to impose conditions when giving planning permission or order development involving a heritage site that may include — (a) require compliance with any guidelines and procedures issued by the Minister of conservation;
(b) require the payment of any damage caused to any heritage site after work permitted by planning permission or order development is completed; or (c) require the protection and preservation of any specific features of the heritage site.
(5) If planning permission is given, the Commissioner shall communicate, cooperate and coordinate with local planning authorities to monitor and monitor terms and conditions imposed in relation to heritage conservation are complied with.
(6) any person who contravenes any condition imposed under subsection (4) commits an offence.
41 Monument Preservation Order. (1) if the Commissioner, with the agreement of the State authority, is satisfied that any of the monuments which are considered suitable to be registered as a heritage site is in a State of obsolescence or in jeopardy almost demolished, destroyed, defaced or altered, the Commissioner shall deliver to the owner of the monument a Monument preservation order pending the approval of its registration.
(2) the Monuments preservation order shall contain such conditions as stated.
National heritage 37 (3) of the monuments preservation order shall come into force as soon as the order is communicated to the owner of the monument.
(4) Monuments preservation order shall remain in force for a period of ninety days from the date the order was delivered and can be extended by the Commissioner for such period of time as he thinks fit.
(5) Notwithstanding subsection (4), Monument preservation order shall cease to have effect — (a) if the monument designated as a heritage site; or (b) if the Commissioner decides not to fix the monument as a heritage site.
(6) any person who contravenes the monuments preservation order commits an offence.
Duty to take care of the heritage site in good condition 42. (1) the owner of a heritage site shall ensure that the heritage sites are always in good condition.
(2) if the Commissioner is satisfied that reasonable measures not taken for proper preservation of the monuments, he could carry out any repair work, after providing to any person who is found by the Commissioner of such monuments as the owner two weeks notice of his intention to do so, and all costs and expenses reasonably done to carry out the work shall be replace by the person.
Financing of the conservation work 43. (1) an owner of heritage sites may, for the purpose of carrying out any work on the conservation and preservation of the heritage sites above apply to the Commissioner for any grant or loan.
38 the laws of Malaysia ACT 645 (2) the Commissioner may, after consultation with the Council and the State authority, to enter into arrangements with the owner of a heritage site to carry out any work on the conservation and preservation of the Commissioner considers appropriate.
(3) the Commissioner may, with the approval of the Council, issued a grant or a loan to be paid out of the Fund for the preservation and conservation work.
(4) the Commissioner shall, on giving grants or loans that, impose such conditions as it thinks fit on the owner.
The power to impose fees in

44. (1) A person is the owner of heritage sites may, with the approval of and subject to such conditions as may be imposed by the Commissioner, charge a fee in to the heritage site.
(2) if the Commissioner contributed to the expense of conservation and preservation of any heritage site, the Commissioner may impose a levy on the entry fees received by the owner of the heritage site and any levy payable by the owner shall be paid into the Fund.
Chapter 5 conservation area conservation management plan and conservation area 45. (1) If a site is designated as heritage sites, the site shall be at the fixing date and conservation area should be restored and preserved by the conservation management plan.
(2) a conservation area may — (a) enter the buffer zone around a main centre; or national heritage 39 (b) inserting a buffer zone around the site have been designated as heritage sites.
(3) the Minister may, after consultation with the Council, define the buffer zone and the main Center.
46 conservation management plan. (1) the Commissioner shall, after consultation with the Council, prepare a conservation management plan for the purpose of — (a) to promote the conservation, maintenance, restoration, repair or reconstruction of a heritage site;
(b) to ensure the proper management of a heritage site including the use and development of all land and buildings in the heritage site and the preservation of the environment, including measures to improve living environment in terms of the physical, socio-economic well-being, relationships, traffic management and the promotion of economic growth; and (c) promote the scheme for education, or for practical and financial assistance to, the owner and the population, and for the involvement of the community in decision making.
(2) the Commissioner shall from time to time submit the conservation management plan to the State authority or local planning authorities relating, as the case may be, and advise and coordinate with the State authority or local planning authorities for the implementation of conservation management plan and its lines.
(3) the Commissioner shall from time to time to review any of the conservation management plan.
40 laws of Malaysia ACT 645 PART VIII OBJECT INHERITANCE Chapter 1 Penjumpaan object Penjumpaan object 47. (1) any person who finds any object which he has reason to believe have an important cultural heritage shall forthwith notify the Commissioner, any authorized officer or the District Officer of the place of the object found, and if feasible, send the object to the Commissioner, an authorized officer or the district officer who shall give a pengakuterimaan writing about it.
(2) if the District Officer has reason to believe that any of the objects found in the area has an important cultural heritage, he may by notice in writing require the person having possession of the object sending the object to him immediately, and the District Officer upon receipt of the object shall give pengakuterimaan writing and shall keep such objects safely.
(3) the District Officer shall deliver a notification under subsection (1) or a written notice under subsection (2) to the Commissioner as soon as reasonably practicable.
(4) any agent, contractor or implementor of the Federal Government, the State Government or the owner of land alienated who finds at the project site any object which he has reason to believe that the object has an important cultural heritage, then an agent, contractor or implementing it shall report to the Commissioner who shall immediately examine the object.
(5) any person who contravenes subsection (1) or (4) commits an offence and shall on conviction to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding five years or both.
National heritage 48 41 proprietary object. (1) any object found after the date of coming into operation of this Act shall be the absolute property of the Federal Government, provided that if the object is found on land alienated, compensation may be paid to the owner of the land.
(2) a competent examiner heritage may be appointed by the Commissioner to decide the value of the object for the purposes of determining the amount of compensation, and the decision of the competent heritage valuer shall be final.
(3) every object before the date of coming into operation of this Act does not belong to any person or which his control is not vested in any person as trustee or Manager, shall be deemed the sole property of the Federal Government.
(4) all objects that have not been found either on top of or hidden below ground or in any rivers or in the sea, shall be deemed the sole property of the Federal Government but if the objects found at the later date found on or in the land alienated the provisions of subsection (1) and (2) shall apply.
(5) in any legal proceedings relating to the date of the penjumpaan object has an important cultural heritage, there shall be deemed to have been found after the effective date of this Act until the contrary is proved.
The Declaration as object heritage by Commissioner 49. (1) the Commissioner may declare in the Gazette any object that has a cultural heritage as an important heritage objects and shall cause them to be listed in the register.
(2) before making a declaration under subsection (1), the consent of the owner of the object must be obtained and for the purpose, the Commissioner can give any chance first 42 laws of Malaysia ACT 645 to the owner to make representations or submissions in respect of the proposed Declaration as practicable in the circumstances and in such manner as may be prescribed.
(3) the Commissioner may, in the same way as in subsection (1), amend or revoke the Gazette and in each case the amendment or cancellation he shall support actions with the background and reason to be.
(4) where the object is listed in the register, the object shall be the object inherited from the date of registration and shall cease to be a heritage object when the Commissioner revoke its registration.
Chapter 2 the application for the registration of the application for registration of objects of heritage 50. (1) any person may apply to an object registered as a heritage object.
(2) an application for registration shall be made in such form and accompanied by any documents or information as may be prescribed.
(3) the Commissioner may at any time after receiving an application under subsection (1) and before the application is determined, through a written notice requiring the applicant to provide any document or additional information as deemed necessary by the Commissioner.
(4) where any document or additional information required under subsection (3) is not given by the applicant within the time specified in the notice or any pelanjutannya given by the Commissioner, the application shall be deemed to have withdrawn and cannot continue further, but without prejudice to a new application made by the applicant.
National heritage 43 (5) an application under this section may be revoked at any time before the application is approved or rejected.
Approval or rejection of the application for the registration of 51. (1) if the Commissioner is satisfied that an object has an important cultural heritage, he shall register the object as an inherited object in check and give the applicant a written notice of the decision of the Commissioner under this section.
(2) if the application involves an object attached to any land alienated, the consent of the State authority must be obtained before the application is approved.
(3) if the application involves intangible cultural heritage in which copyright exists, the consent of the copyright owner must be obtained before the application is approved.
(4) an application for the registration of approved under this section may, subject to any conditions imposed by the Commissioner.
(5) as soon as possible after approval in subsection (4), the Commissioner shall cause a notice published in the Gazette that the object has been registered as a heritage object and of any other matters constituting or relating to the heritage objects in its opinion appropriate for publication.
(6) if the Commissioner rejects the application, he shall immediately notify the applicant in writing of the refusal with or without assigning any reason for such rejection.
Certificate of registration 52. (1) when an object is registered under section 51 of the Commissioner shall issue a certificate of registration to the owner.
44 the laws of Malaysia ACT 645 (2) when the object is registered as a heritage stalled heritage objects of the object, the owner must surrender the certificate of registration to the Commissioner within three months from the date of the termination.
Chapter 3 Object Management heritage compensation for certain heritage objects

53. (1) When found any object that has an important cultural heritage, the Commissioner shall be entitled to the care and possession of the object on behalf of the Federal Government and shall be responsible to protect and store it safely.
(2) if the Commissioner decides not to save the object, the object should be returned to those who deliver it subject to such conditions as may be imposed by the Commissioner.
(3) when an object is saved by the Commissioner or if in the opinion of the Commissioner that the object should be covered in the place it is found, the Commissioner shall at its discretion pay an amount of compensation reasonable to — (a) the person who finds;
(b) the owner of land alienated that in it or on it the object is found; or (c) the whistleblower.
The earmarking of part of heritage objects in 54. The Commissioner may make a written agreement with the owner of heritage objects for the earmarking of part in the object as agreed by the owner and Commissioner.
National heritage 45 Disputes about compensation or the earmarking of 55. If there is any dispute in respect of the compensation shall be paid for any object or the earmarking of part of the heritage of the object, the dispute shall be referred to the Minister of natural resources whose decision shall be final.
The sale or disposal of 56 heritage object. (1) the Commissioner may by notice in writing require any person in possession of any object heritage deemed to be important or vital to the country, does not sell or dispose of the object without prior permission in writing of the Commissioner.
(2) any person who receives the notice may not sell or dispose of any object in the possession or custody of heritage.
(3) within thirty days from the date the notice under subsection (1) the Commissioner shall have the first right to buy the heritage value of the objects that can be agreed upon.
(4) any person who contravenes subsection (2) commits an offence and shall on conviction liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding one year or to both.
Notice of intention to sell or transfer the object inheritance 57. The owner of a heritage object that makes a contract to sell or transfer the heritage object shall notify the Commissioner in writing information about the existence of the contract within twenty-eight days from the date of the contract.
Change the owner of heritage objects 58. (1) any person who buy or obtain a inherited object shall, within twenty-eight days from the date of purchase or acquisition, inform the Commissioner in writing of the name, details and address of the purchaser or acquirers.
46 laws of Malaysia ACT 645 (2) any changes to the information under subsection (1) shall be notified to the Commissioner in writing within twenty-eight days.
(3) any person who contravenes the provisions of subsection (1) or (2) commits an offence and shall on conviction liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding one year or to both.
Conservation of heritage objects 59. (1) the owner or keeper shall retain heritage objects property inheritance is in good condition and in a safe place.
(2) the owner or custodian of heritage objects shall report forthwith to the Commissioner of any loss or damage to the heritage object or any part thereof when the known loss or damage it.
(3) any person who fails to comply with subsection (1) or (2) commits an offence.
The conservation of intangible cultural heritage of 60. (1) the owner or custodian of heritage objects in the form of an intangible cultural heritage shall take all necessary measures to develop, identify, send, cause and facilitate research on the intangible cultural heritage in accordance with the guidelines and procedures laid down.
(2) the Commissioner may make any arrangement with the owner or custodian of the intangible cultural heritage for compliance guidelines and procedures prescribed.
National heritage 47 PART IX CULTURAL HERITAGE UNDERWATER Penjumpaan underwater cultural heritage 61. (1) any person who finds an underwater cultural heritage in the Malaysian waters shall, as soon as practicable, give notice of the Plasmodium to the Commissioner or an officer of the port.
(2) port Officer upon receipt of such notice shall as soon as practicable notify, and if possible submit cultural heritage under the water, Commissioner.
(3) the Commissioner shall, on being satisfied that underwater cultural heritage has an important cultural heritage, it is listed in the register.
(4) any person who does not give notice under subsection (1) commits an offence.
Its possession, custody or control of underwater cultural heritage can be over 62. (1) if found by the Commissioner that a person is or might never had possession, custody or control over any cultural heritage under water can move or part of the cultural heritage under the Commissioner may, by notice in writing to that person, require that person within the time specified in the notice give him full information on underwater cultural heritage can move it.
(2) if that person has stalled has possession, custody or control over underwater cultural heritage can move it, that person shall give to the Commissioner of the particulars of the circumstances he cease has possession, custody or control over underwater cultural heritage can move it.
48 laws of Malaysia ACT 645 (3) if the person has transfer possession, custody or control over underwater cultural heritage can move it to another person, he shall give to the Commissioner the name and address of the person to whom possession, custody or control of underwater cultural heritage can move the dipindahmilikkan.
(4) any person who fails to comply with any requirement under this section commits an offence.
Declaration of cultural heritage under water 63. (1) if the Commissioner is of the opinion that any underwater cultural heritage located in the waters of Malaysia has an important cultural heritage but aged less than one hundred years, he shall advise the Minister and the Minister may by notice published in the Gazette declare the site or object as a cultural heritage under water.
(2) any site or object declared as a cultural heritage under water must be listed in the register.
Zones covered 64. (1) the Minister may on the advice of the Commissioner, declared in a notice published in the Gazette any area in which an underwater cultural heritage is as protected zone.
(2) No person shall carry out any activities in the protected zone except with the approval in writing of the Commissioner.
(3) any person who contravenes subsection (2) commits an offence.
Salvaj work and excavations must be licensed 65. (1) No person shall carry on any work salvaj or excavations in any waters of Malaysia for the purpose of finding anything underwater cultural heritage, except with a licence granted by the Commissioner.
National heritage 49 (2) any person who contravenes subsection (1) commits an offence.
The ownership of underwater cultural heritage found during excavations or salvaj measurement, 66. (1) any underwater cultural heritage found during any work measuring, salvaj or excavations shall be vested in the Commissioner and shall be listed in the register.
(2) if the Commissioner takes possession of any of the underwater cultural heritage, he shall, within forty-eight hours causing a list of underwater cultural heritage ditampalkan in any port in the district place underwater cultural heritage is found.
(3) any owner of underwater cultural heritage shall, on proof of its claim until the Commissioner is satisfied, within one year from the time of underwater cultural heritage became the possession of the Commissioner, and on payment of the fees and expenses to be paid, salvaj reserves the right to have cultural heritage under the water upon such terms and conditions as may be imposed by the Commissioner.
(4) an owner who fails to comply with any terms and conditions imposed under subsection (3) commits an offence.
(5) if there is no owner of proving a claim within one year, underwater cultural heritage shall be the absolute property of the Federal Government.
(6) unless otherwise directed by the Minister, the Commissioner can preserve underwater cultural heritage in in situ.
50 laws of Malaysia ACT part X 645 NATIONAL HERITAGE national heritage Declaration 67. (1) the Minister may, by order published in the Gazette, declare any heritage site, object inheritance, underwater cultural heritage that is listed in the register or any person living as a national heritage.
(2) in making a declaration under subsection (1) the Minister may consider — (a) the importance of history, the relationship with or relationship with the history of Malaysia;
(b) the characteristics of the design or aesthetic;
(c) the renewal or scientific or technical achievement;
(d) social or cultural relations;

(e) the potential to educate, explain or provide further scientific investigations relating to the cultural heritage of Malaysia;
(f) an interest in a display of wealth, diversity or unusual forms of integration;
(g) the rarity or uniqueness of natural heritage, cultural heritage or tangible or intangible cultural heritage under water;
(h) the apparent shape of a site or object as part of a class or description of a site or object; and (i) any other matter relating to the determination of important cultural heritage.
(3) where a site, object or underwater cultural heritage located above the ground state, the Minister shall consult with the State authority before making any declaration under subsection (1).
National heritage 51 (4) where a site, object or underwater cultural heritage located on land alienated or owned by any person other than the Federal Government or a State Government, the owner, custodian or trustee of the site, the object doesn't move or underwater cultural heritage shall be notified at least thirty days before the date of the proposed Declaration.
(5) where a declaration under subsection (1) involves an intangible cultural heritage and copyright still exists in any work, the consent of the owner of copyright shall be obtained before such a declaration is made.
(6) If a declaration under subsection (1) involves people living, the consent of that person must be obtained before any declaration made.
(7) a copy of the order shall be served upon the owner, custodian or trustee of a site, object or underwater cultural heritage or to the person living it.
(8) any person who opposes the making of a declaration under subsection (1) may submit the objection in writing to the Minister within three months from the date of its transmission and may apply to the Minister for the cancellation of the order.
(9) the Minister may, after being advised by the Council, revoke or refuse to cancel the order and such decision shall be final.
Nomination as national heritage 68. Any person can nominate to the Minister in accordance with the prescribed form of any natural heritage cultural heritage, tangible or intangible, living or underwater cultural heritage to be declared as a national heritage.
52 laws of Malaysia ACT 645 Ownership or possession of the 69 national heritage. Any national heritage which is owned or owned by any person other than the Federal Government or the State Government can continue to be in the possession of the owner, guardians or trustees.
Change the ownership of national heritage 70. (1) there shall not be any exchange with respect to the ownership of any national heritage except through — (a) succession; or (b) the sale, with the approval of the Commissioner in advance.
(2) if the owner, custodian or trustee intends to sell a national heritage, the owner, guardian or the trustee shall give priority to the Commissioner to buy national heritage the value agreed or at the direction of the Commissioner to be dealt with in such manner as the Commissioner may think fit.
(3) where there is any conflict between the Commissioner with the owner about the reasonable compensation for the National Heritage, the dispute shall be referred to the Minister of natural resources whose decision shall be final.
(4) If a sale is made pursuant to paragraph (1) (b), the owner, custodian or trustee and the buyer shall notify in writing to the Commissioner within thirty days after the change of ownership and the Commissioner shall cause the amendment to be made in the register.
National Heritage listing in the register 71. The Commissioner shall cause listed a national heritage declared under subsection 67 (1) in the register.
National Heritage Conservation and preservation of 53 national heritage 72. (1) the Minister may impose procedures and different guidelines as may be prescribed for the management, conservation and preservation of different categories for national heritage.
(2) the Minister may approve any financial assistance to the owner, custodian or trustee of a national heritage for compliance with any procedures or guidelines prescribed under subsection (1).
PART XI TREASURE the uniformity of the law with respect to treasure 73. The Division is made in accordance with Clause 1 (b) of article 76 of the Constitution for the purpose of promoting uniformity of law for States in Malaysia relating to treasure.
Penjumpaan notice 74 treasure. (1) any person who finds any treasure shall immediately give notice of the penjumpaan to the Commissioner or the District Officer of public treasure that was found and shall send the treasure to the district officer who shall acknowledge receipt thereof.
(2) the district officer who receives notice under subsection (1) shall inform about penjumpaan the treasure to treasure the place Commissioners found.
(3) if the District Officer has reason to believe that any treasure was found in his district and penjumpaan treasure is not notified to it under this Act, the District Officer must give notice in writing, require the person who found or suspect found or the owner or occupier of the place of the treasure was found to be personally present before it at 54 laws of Malaysia ACT 645 day and at the place mentioned in the notice and to send him treasure hunt or suspected as such found treasure, and the District Officer shall acknowledge receipt.
Notification for 75 investigations. (1) the District Officer shall cause a notice given to the person who found or suspect found or the owner or occupier of the place or treasure found other people who claim the treasure or any part thereof requiring them to appear personally in front of district officer on the day and at the place mentioned in the notice for the purpose of investigating to determine — (a) whether any object or thing is a treasure;
(b) the person by whom, where, and the circumstances under which, any treasure that was found; and (c) as far as possible people by it, and the circumstances under which, any treasure hidden.
(2) the rights referred to in subsection (1) to the treasure if the treasure was found in such a dilucuthakkan upon the failure of such person to attend.
The time allowed for the suit by claimant's 76. If, after an inquiry made under section 75, district officer has reason to believe that the treasure hidden within fifty years prior to the date of the penjumpaan by those who attend as required by the notification and claim the treasure, or by some other person under which that person's claim, the District Officer shall make an order that postpone the hearing of the case for such period as he may deem sufficient , to allow a suit instituted in a court having competent jurisdiction by the claimant to prove its rights.
National heritage 55 When treasure can be declared ownerless 77. (1) where — (a) after such investigation the district officer found no reason to believe that the hidden treasure such;
(b) a period specified under section 76, there are legal is started within the knowledge of the District Officer; or (c) any other suit instituted in any period and claim the claimant who eventually declined, the District Officer can declare the treasure as 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.
When the treasure State Government vested in 78. When a declaration has been made in respect of any treasure under section 77, the treasure shall be vested in and be owned by the State Government.
Disposal of treasure 79. The State authority may at its discretion pay as a gift to the person who finds any treasure and to the owner of any land that the treasure was found, such sums as it thinks fit by the State authority.
Power of Commissioner to examine any treasure 80. (1) the Commissioner or any officer authorized by him in writing in that behalf may at any reasonable time examine any treasure that is in the possession of any person.
56 laws of Malaysia ACT 645 (2) it shall be the duty of every such person to allow any inspection and to provide to the Commissioner or the officer all reasonable facilities to study the treasure and to make a painting, print or photograph, noticed the release by making a mold or through any other means.
(3) no any paintings, photographs, prints, notice or release under subsection (2) may be disposed of without the consent of the person in possession of the treasure.
Errors

81. Any person who is the person who finds any treasure, did not report penjumpaan the treasure or hand over the treasure or specify the circumstances of the penjumpaan or the origin of the treasure, or knowingly making false reports about the circumstances or the origin of the commits an offence and shall, on conviction, to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding five years or both.
The forfeiture claim to and interest in treasure 82. (1) any person who is convicted of any offence under this part in respect of any treasure must follow the conviction shall not be entitled to all claim to or interest in the treasure or the value thereof or any gift related to penjumpaan it, and in any case such Magistrate may order the treasure be handed over to the State Secretary on behalf of the State authorities place the treasure found and in the case of federal territory of Kuala Lumpur , Federal territory of Labuan and Wilayah Persekutuan Putrajaya to the Minister responsible for the Federal territory of Kuala Lumpur, Labuan and Putrajaya, and if the Magistrate makes an order that it shall be the duty of any person who has in his possession the treasure to delivering it accordingly.
National heritage 57 (2) the State may order any treasure dilucuthakkan under this section is submitted to the owner or other person entitled thereto or returned to the person who discovered it, as the case may be, on such terms and conditions as it thinks fit.
PART XII LICENSING Chapter 1 export and import License to export legacy item 83. (1) No person shall export any item heritage unless a licence to export has obtained from the Commissioner.
(2) the Commissioner may not issue such license if in its opinion the details of inheritance may be reasonably believed to be important or vital to the nation.
(3) in an application for a licence to export any item's heritage, the applicant shall submit a description, declared value and provide any relevant details required by the Commissioner and shall, if so required, deposit any substance that heritage to the Commissioner for inspection.
(4) no license shall be issued to any person unless he proves up to the Commissioner is satisfied that he is the owner of the heritage items or that he was acting on behalf of and under the authority of the owner.
(5) where the enforcement officers or customs officers have reason to believe that the object or substance to be exported is a heritage item and without having a valid export license, he shall withhold the material or object and immediately inform the Commissioner within twenty-four hours for the determination of the object or the materials.
58 laws of Malaysia ACT 645 (6) where the Commissioner is satisfied that the object or substance is a heritage item and is or will be necessary or important to the country, he may prohibit the exportation.
(7) any person who contravenes the provisions of subsection (1) commits an offence and shall on conviction to imprisonment for a term not exceeding ten years or to a fine not exceeding one hundred thousand ringgit or both.
Importation of foreign heritage item 84. (1) a person who intends to import any foreign heritage items shall notify the Commissioner with documents certifying that the details of the foreign heritage was brought out of a foreign country legally.
(2) if there is a valid reason to believe that a foreign heritage items are in transit or already imported has been taken out of a foreign country are not valid, the Commissioner can take possession of the item and store it in custody but before he perform the action he shall consult with the Minister of natural resources whose decision shall be final.
(3) If a foreign heritage items were detained under subsection (2), the Commissioner shall keep and manage them as he may deem fit.
(4) where any foreign heritage items were brought out of the substantiated foreign countries legally, the Commissioner shall without delay return them to the people who import such materials.
(5) If any country has proven that foreign heritage items have been exported in the void and calling for the returned item in accordance with the terms of a treaty, or when Commissioner duties return the item in accordance with a treaty, he shall, with the assistance of competent authorities, take the necessary measures to return the items to that country.
National heritage 59 the Minister may establish a procedure to be 85. If an item of foreign heritage brought to Malaysia by any other means, the Minister may establish a procedure and method of storage of safely and may direct the Commissioner to conform to the instructions accordingly.
Chapter 2 licence to dig Excavations 86 heritage object. (1) No person shall dig any land for the purpose to find an object unless he holds a licence granted by the Commissioner.
(2) any person who contravenes subsection (1) commits an offence and shall on conviction to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding five years or both.
Application for licence to dig 87. An application for a license to dig shall — (a) made to the Commissioner in accordance with the prescribed form; and (b) contain a full and accurate description of the land on it proposed excavations to be carried out, the purpose, type and extent of proposed excavations and any other particulars as may be required.
Approval or refusal of a licence to dig 88. (1) the Commissioner may at his discretion approve or reject any application for a license to dig.
(2) No licence under subsection (1) may be approved unless the Commissioner is satisfied — (a) that the owner of the soil excavations proposed made the excavations has authorized;
60 laws of Malaysia ACT 645 (b) that the proposed excavations will not cause any damage or nuisance to people living close to the land, or to any place used for religious purposes, or to any cemetery, school, cause or water supply, works or drainage or irrigation of public roads, or that if any damage may occur that adequate provision has been made by the applicant for the payment of compensation; and (c) that the applicant may give assurance for compliance fit by it any conditions imposed on the licence or any regulations as may be prescribed.
Terms and conditions of a licence 89. A licence is approved under section 88 is valid for any period specified in the license and subject to such conditions as may be specified therein.
Extension and revocation of licence 90. (1) any licence to dig may, at any time prior to the expiry thereof the license approved, extended by the Commissioner for such further period as he may deem fit.
(2) any licence to dig may, at any time prior to the expiry thereof the license approved, cancelled by the Commissioner if the licensee breaches any term or condition of the licence or the revocation is necessary to protect national interests, the interests of national security or for the purposes of any Government policy.
(3) the licensee shall not be entitled to claim compensation for any loss or damage suffered or allegedly suffered by it due to cancellation under subsection (2).
(4) for the purposes of this section, what was to be the "national interest", "national security interests" or "the Government" shall be determined by the Minister on the recommendation of the Commissioner and such determination shall be final.
National heritage 61 (5) no appeal may be made against the decision of the Minister under subsection (4).
Chapter 3 registration of merchant details registered Traders heritage heritage item 91. (1) No person shall Transact in any heritage details unless he is a registered trader and holds a certificate of registration granted by the Commissioner.
(2) any person who contravenes the provisions of subsection (1) commits an offence and shall on conviction to imprisonment for a term not exceeding five years or to a fine not exceeding fifty thousand ringgit or both.
(3) any person may apply to the Commissioner to be registered as registered dealers of cultural heritage in such form and manner as may be prescribed.
(4) the Commissioner may approve or reject the application.
Information about the details of the stolen legacy 92. (1) any information about any item stolen or lost heritage that has been received by the police shall be communicated to the Commissioner.
(2) upon receipt of information under subsection (1) the Commissioner shall notify the registered dealer list and description of heritage item stolen or lost it.

(3) where any property that meets the list and description is in possession of any registered dealers or which were offered or presented to any trader registered, he shall without any delay provide 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 obtained or offering or show him the heritage items stolen or lost it.
62 laws of Malaysia ACT 645 (4) any registered dealers who do not provide the information required under subsection (3) commits an offence and shall on conviction 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 that case can hold a person who offers or showing the details to him until the arrival of the police.
Reports of the sale or purchase of 93 heritage items. (1) every registered dealer who transacts heritage items shall, when so required by order in writing by the Commissioner, with respect to such period and in such manner as may be specified in the order, report in writing to the officer who authorized the closest full details about any details of the heritage has been dibelinya or, in which the price paid and the name and address of the seller or buyer of such heritage items , as the case may be.
(2) the report shall be written clearly in the national language or in English.
(3) any registered dealers who, without reasonable excuse, fails to comply with the order is guilty of an offence and shall on conviction liable to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding two years or to both.
Enforcement officers can enter and search business premises registered dealers, etc.
94. any enforcement officers can enter any business premises of registered dealers at any time and can search without a warrant of the premises which he has reason to suspect that any item stolen or lost heritage found in the premises.
National heritage 63 submission to the owner of 95. (1) where any person is convicted of an offence in any court under Chapter XVII of the Penal Code [Act 574] in respect of any item of heritage and turned out at the Court that the heritage items were sold to a registered dealer, the Court, upon proof proprietary and the property, may, if it thinks fit, order that details the heritage handed over to the owner either by registered dealers pay to the amount of the purchase price or any part thereof or without paying the amount of the purchase price or any part thereof as he thinks fit and proper by the Court.
(2) the Court may adjourn the proceedings for the presence of the registered dealer and can call the registered dealer so present at the adjourned hearing for a determination under subsection (1).
PART XIII APPEALS Appeal 96. (1) any person may, within thirty days from the date of notification of the decision of the Commissioner, appeal in writing to the Minister if the person aggrieved — (a) by decision of the Commissioner to fix or not fix something sites as heritage site under section 31;
(b) by the production of an Interim Protection Order under section 33;
(c) by the production of Monuments preservation order under section 41;
(d) by a decision of the Commissioner to approve or reject the application to register an object as an inherited 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.
64 the laws of Malaysia ACT 645 (2) the Minister may confirm, mengakas or change a decision against dirayukan and, in the confirm, mengakas or vary the decision, may impose such terms or conditions as it may deem fair 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 is final.
(5) If the decision was diakas or modified, details of the pengakasan or alteration shall be deposited in the register.
PART XIV POWERS RELATING To Enforcement, SEIZURE, ARREST, Etc.
Appointment of enforcement officers 97. The Minister may appoint such number of enforcement officers for the purposes of this Act and the regulations made under this Act.
Authority to investigate 98. A power amplifier or a police officer shall have the authority to investigate any offence under this Act.
Card power 99. (1) there shall be issued to each enforcement officers a power card shall be signed by the Minister.
(2) where a enforcement officers exercising any power under this Act or any regulations made under this Act, he shall, when requested, submit to the person against whom that power is being exercised authority card issued to him under subsection (1).
National heritage 65 Search and seizure warrants with 100. (1) where it appears in the magistrate's Court, based on the written information with vowed and after such inquiry as he may deem necessary, that there is reasonable cause to believe that — (a) any premises have been used or will be used for; or (b) in any premises evidence necessary for the conduct of investigations of the Commission of an offence, under this Act or any regulations made under this Act, the Magistrate may issue a warrant which authorizes the enforcement officers or police officer named in the warrant, at any reasonable time either on the day or night and with or without the help of , enter the premises, if necessary by force.
(2) a warrant issued under subsection (1) may authorize enforcement officers or police officers to search the premises for finding, and to seize and remove from the premises — (a) any object, material, book, document or other thing in respect of which an offence has been or is suspected to have been committed; and (b) any object, material, books, documents or other things that are reasonably believed to give evidence as to the Commission of the offence.
(3) an enforcement officer or police officer acting under subsection (1) or (2) may — (a) break open any door or in the premises or any fences, blockades, fences doors or other obstacles to the premises, to enter into the premises;
(b) remove by force any barriers to entry, search, seizure or removal which he is empowered to perform it under subsection (1) or (2); and 66 laws of Malaysia ACT 645 (c) detain every person found in the premises until the search is completed.
Search and seizure without a warrant 101. Where a enforcement officers or 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 may be found in or in any place, premises, in people, in any vehicle, vessel or transport equipment and that by reason of delay in obtaining a warrant under section 100 the objective search may terkecewa , he may, without a warrant, with such assistance and such force as may be necessary — (a) enter and search the place or premises;
(b) stop and inspect persons, vehicles, vessels or transport it; and (c) seize any object, material, books, documents or other things may be found and can be evidence as to the Commission of the offence.
Examination of person 102. No person shall be searched except by another person of the same gender was with that person, and the examination shall be carried out with utmost politeness.
Seizure of objects, etc.
103. without prejudice to subsection 100 (2) and section 101, any object, material, book, document or other thing which is reasonably suspected by an enforcement officers or police officer 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 enforcement officers or the police officer.
National heritage 67 notice of seizure 104. (1) where any seizure made under this part, enforcement officers or police officer who made the seizure shall provide a list of every object, materials, books, documents or other things seized and place objects, materials, books, documents or other things that have been found and shall sign the list.
(2) the list provided in accordance with subsection (1) shall be given forthwith to the residents of the place or premises place objects, materials, book, document or other thing seized is found.
(3) where seizure is made in or from any place or premises which is not occupied, enforcement officers or police officer who made the seizure shall whenever possible in order to see a post up the list of things seized in the premises or place.

(4) If any object, material, book, document or other thing seized other than in or from any place or premises, enforcement officer or police officer making the seizure shall give a notice in writing of the seizure and grounds of the seizure to the owner objects, materials, books, documents or other things seized it by submitting a copy of the notice to the owner itself or by post to the place of business or residence.
(5) notice under subsection (4) is not to be given if the seizure is made in the presence of or with the knowledge of the owner.
The power of arrest 105. (1) any enforcement officer or police officer may arrest without warrant any person who he reasonably have done or tried committing an offence under this Act or any regulations made under this Act.
68 the laws of Malaysia ACT 645 (2) an enforcement officers who made the arrest under subsection (1) shall without unnecessary delay hand over the person arrested to the nearest police officer or, if no police officer, leading the person to the nearest police station, and thereupon such person shall be dealt with as provided by the law relating to criminal procedure in force as if he was arrested by a police officer.
Preventing search, etc.
106. Any person who — (a) mengamang, menggalang, prevent or delay any enforcement officers in the execution of any entry shall be entitled to be carried out by him under this Act, or in the implementation of any tasks charged or any of the powers conferred by this Act; or (b) fails to comply with any lawful request from someone enforcement officers acting duties under section 105, commits an offence and shall on conviction to imprisonment for a term not exceeding one year or to a fine not exceeding ten thousand ringgit or both.
The power to require the attendance of the person who knew the case of 107. (1) an enforcement officers making an investigation under this Act or any regulations made under this Act may, by order in writing, require any person who in the opinion of the enforcement officer to know the facts and circumstances of the case so as to appear before it, and such person shall attend as required.
(2) if any person refuses to attend as required by an order made under subsection (1), the enforcement officers can report the refusal to the Magistrate who shall issue a warrant to secure the attendance of such person as required by the order.
National heritage 69 examination of person who knew the case of 108. (1) an enforcement officers making an investigation under this Act or any regulations made under this Act may examine orally any person who expected to find out the facts and circumstances of the case and shall amend any statement made by the person examined into writing.
(2) such person shall be bound to answer all questions relating to the case submitted to it by the enforcement officers, but he can refuse to answer any question that the answer may expose him to a criminal charge or penalty or forfeiture.
(3) a person who makes a statement under this section shall be legally bound to state the truth, whether or not the statement was made in whole or in part to answer such questions.
(4) an enforcement officers examining a person under subsection (1) shall first inform that person of the provisions of subsection (2) and (3).
(5) a statement made by any person under this section shall, whenever possible, reduced to writing and signed by the person making it or affixed with cap head jarinya, as the case may be, after — (a) the statement was read out to him in the language of the statement made by him; and (b) he is given the opportunity to make any corrections he wanted.
Admissibility of statements of the accused person is 109. (1) in any trial or investigation by a Court of an offence under this Act, any statement, whether the statement is about addressing to a confession or not, orally or in writing, made at any time, whether before or after the person becomes 70 laws of Malaysia ACT 645 charged and either during investigation or not and whether or not wholly or partly in answer , by an accused person to or heard by any enforcement officer or police officer, whether or not translated to him by any enforcement officer or police officer or any other person, whether or not involved in the arrest of that person, shall, notwithstanding any law or pillars of law to the contrary, admissible in evidence in the trial of the person and If the person submitting himself as a witness any such statement, can be used in cross-examination and for the purpose of challenging credibility.
(2) no statement made under subsection (1) may be admitted or used as provided in that subsection if the making of the statement turned out to be on the Court has been caused by any inducement, threat or promise relating to the charge against the person that comes from people in authority and sufficient, in the opinion of the Court, to give that person the reason that in its opinion are reasonable to expect that by making the statement he will get any interest or avoid any comes to the worldly related with proceedings against him.
(3) if any person arrested or informed that he may be prosecuted for any offence under this Act, shall be conveyed to him a notice in writing which shall be explained to him that means as follows: "you have been arrested/given that you might be prosecuted upon the ... (an offence under this Act that may be charged). Do you want to declare anything? If there is any facts you want to use in the defense of you in court, you are advised that it is now. If you don't mention it until you go to court, the possibility of description you will be less reliable and this will bring about adverse effects on the case you generally. If you want to specify any fact now, and you want it written, this will be done. ".
National heritage 71 (4) Notwithstanding subsection (3), any statement by any person accused of committing any offence under this Act made before there is time to serve notice under that subsection shall not be admissible as evidence simply because no such notice has been served on that person if such notice is delivered to him as soon as reasonably possible thereafter.
(5) no statement made by an accused person in answering a written notice delivered to him pursuant to subsection (3) shall be construed as a statement that is caused by any inducement, threat or promise as described in subsection (2), if the statement was made otherwise voluntary.
(6) where in any criminal proceedings against someone on an offence under this Act, evidence is given that the accused, when informed that he may be prosecuted for it, failed to declare any fact, namely the fact that in the circumstances prevailing at the time that he reasonably be expected to mention it when so informed, the Court, in determining whether the prosecution has already proved prima facie case against the accused and in determining whether the accused is guilty of the offence charged with , can make any conclusions from the failure as in its opinion should be; and that failure can, based on the conclusions, considered, or as can be is about addressing to, support any evidence against the accused related to it the failure was a matter of material.
(7) no nothing in subsection (6) may, in any criminal proceedings — (a) prejudice the admissibility as evidence of silence or any other reactions of the accused at the time anything is said to be in his presence in relation to conduct in respect of which he is charged, to the extent such evidence are acceptable other than by virtue of that subsection; or (b) is calculated as prevent the making of any conclusions from any silence or other reactions that can be made in addition to the accused by virtue of that subsection.
72 the laws of Malaysia ACT 645 forfeiture of objects, etc., seized 110. (1) any object, material, book, document or other thing seized under this Act shall be dilucuthakkan.
(2) where any thing seized under this Act, enforcement officers may at its discretion return temporarily any thing to the owner on bail given to his satisfaction that the thing must be returned to him upon request or to be submitted before the Court that has the jurisdiction of the authority.

(3) an order for forfeiture under subsection (1) shall be made if it is proved to the Court is satisfied that an offence under this Act or any regulations made under this Act has been committed and that objects, materials, books, documents or other things that matter for or used in the Commission of the offence, although no one has been convicted of the offence.
(4) if there is no prosecution in respect of any object, material, book, document or other thing seized under this Act, objects, materials, books, documents or other things shall be taken and deemed to be forfeited upon the expiry of one calendar month from the date of delivery of the notice to the address last known to the person from whom the objects, materials, books, documents or other things is seized stating that no prosecution in respect of an object , materials, books, documents or other things that, unless before the expiry of such period a claim had been made in the manner specified in subsection (5), (6), (7) and (8).
(5) any person who asserts that he is the owner of objects, materials, books, documents or other things referred to under subsection (4) and that objects, materials, books, documents or other things that can not be dilucuthakkan can give personally or by his agent authorized in writing notice to enforcement officers or police officer in his possession objects, materials, books , document or other thing is held that he claim objects, materials, books, documents or other things that.
National heritage 73 (6) when the notice referred to in subsection (5) received, enforcement officers or police officer shall refer the matter to the magistrate's Court to get a judgment.
(7) a Magistrate a matter referred to it under subsection (6) shall issue a summons requiring the person who pointed out that he is the owner of objects, materials, books, documents or other things the person from whom the objects, materials, books, documents or other things seized to appear before the Magistrate, and when they are present or when they are not present, having proved that the summons has been duly served , A magistrate shall proceed with examination of 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 objects, materials, books, documents or other things referred to in subsection (7) is a matter for or was used in the Commission of the offence, then the Magistrate shall order that objects, materials, books, documents or other things that dilucuthakkan and shall be If there are no such proof, order objects, materials, books, documents or other things the discharge.
(9) any object, material, books, documents or other things dilucuthakkan or be deemed to be forfeited shall be dihantarserahkan to enforcement officers or police officer and shall be disposed of in accordance with the directions of the magistrate.
(10) If anything seized in exercise of the powers conferred under section 100 or 101 section is of the type that easily destroyed or if custody of the thing involving expenses and unreasonable hardship, Commissioner, the Deputy Commissioner or Assistant Commissioner or enforcement officers, as the case may be, may direct that the thing sold at any time and the proceeds of sale is held to comply with the decision of any prosecution or a claim under this section.
74 laws of Malaysia ACT 645 no costs or damages arising from seizure can be obtained 111. No person shall, in any proceedings before any court in respect of the seizure of anything, seized in the exercise or purported exercise of any power conferred under this Act, be entitled to the costs of the proceedings or any damages or other relief unless the seizure is made without reasonable cause.
SECTION XV of the OFFENCE Offence in respect of heritage site 112. (1) No person shall, without the approval of the Commissioner in writing — (a) the dredge, build, dig, build, plant a tree, menguari, irrigate, burning lime or use land or garbage, on or at the site or heritage conservation area;
(b) demolish, interfere with, hinder, modify, mark, tear down or move any monuments at any heritage site;
(c) erect any building or structure next to a monument in any heritage site;
(d) destroy the relationship between a building with natural surroundings which are not in line with the characteristics of the neighborhood at any heritage site;
(e) clean up any area or interfere with, destroy or remove any trees, undergrowth, weeds, grass or plants at any heritage site; or (f) do any activities or actions that may cause damage to the land adjoining and surrounding land which was registered as a heritage site.
National heritage 75 (2) any person who, without lawful authority, contravenes subsection (1) commits an offence and shall on conviction to imprisonment for a term not exceeding five years or to a fine not exceeding fifty thousand ringgit or both of each.
(3) any person who has in its possession or custody or under his control, any substance that comes from the land that became a natural heritage or cultural heritage, shall be deemed to have been extracted, moved or transported or allowed the extraction, removal or transportation of natural heritage or cultural heritage without valid authority.
(4) any person who is 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 for anything damaged during pengekstrakannya.
(5) for the purposes of subsection (4), the value of any object shall, if there is no evidence to the contrary, be deemed to be such amount as may be certified by the assessor of the Federal Government.
(6) any sum ordered to be paid under subsection (4) may be obtained as if it is a fine imposed on conviction.
Offences with respect to heritage objects 113. Any person who destroys, damages, defaces, dispose of or change something significant cultural heritage, without a permit issued by the Commissioner commits an offence and shall on conviction to imprisonment for a term not exceeding five years or to a fine not exceeding fifty thousand ringgit or both.
Offences with respect to national heritage 114. (1) No person shall, without the written approval of the Commissioner, move, demolish, remove, alter, change it, export, add to or manage any national heritage except in case of urgent and immediate requirements for the safety of persons or property.
76 laws of Malaysia ACT 645 (2) any person who contravenes subsection (1) commits an offence and shall on conviction to imprisonment for a term not exceeding five years or to a fine not exceeding fifty thousand ringgit or both.
PART XVI Of The VARIOUS Prosecution 115. 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.
The jurisdiction of the magistrate first class 116. Notwithstanding anything contained in any written law to the contrary, the Court of first class Magistrate shall have jurisdiction to try any offence under this Act and may drop the full punishment for any such offence.
Offences by body corporate 117. If a person charged with an offence under this Act or any regulations made under this Act is a body corporate, then every person who, at the time of the Commission of the offence is the Managing Director, General Manager or such other officer of the body corporate that, may be charged with the same Association in the proceedings together with the body corporate, and if the body corporate convicted of the charged then every Managing Director, Manager or officer shall also be deemed to have committed the offence and shall be liable to a penalty equal to the body corporate, unless he proves that the offence was committed without the knowledge, consent or pembiarannya or that he took reasonable steps to prevent pelakuannya.
National heritage General 118 77 Penalty. (1) any person who commits an offence under this Act or any regulations made under this Act that no penalty expressly provided can on conviction a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding five years or both of each, and for a second or subsequent offence he may be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding ten years or both.
(2) if the offences resulting in damage to or the demolition or pembinasaan an item's heritage, the Court may order the person to pay, in addition to any penalty imposed under subsection (1), the cost of repair, refurbishment or reconstruction of the heritage items.
Compounding of offences

119. (1) The Commissioner may, with the consent in writing of the Prosecutor, compound any offence committed by any person under this Act or any regulations made under this Act, by accepting of people who are reasonably suspected to have committed such offence a sum of money not exceeding fifty per cent of the maximum fine for the offence, within the time stated in the offer.
(2) an offer under subsection (1) may be made at any time after the offence, but before any prosecution for him started.
(3) if the amount specified in the offer under subsection (1) is not paid within the time stated in the offer or in any further period granted by the Commissioner, a prosecution for the offence may be commenced at any time after that to the person to whom the offer is made.
78 laws of Malaysia ACT 645 (4) where an offence has been compounded under subsection (1), no prosecution shall be instituted subsequently in respect of the offence against the person to whom the offer to compound has been made and if ownership had been taken against any book, record or other document or any other thing, books, records, documents or things that may be discharged subject to such conditions as applicable according to the compound.
(5) the amount received under this section shall be paid into and form part of the Federal Consolidated Fund and in the case of an offence under Part XI the amount received shall be paid into and form part of the consolidated fund of the State.
120 public servants. Commissioner, Deputy Commissioner, Assistant Commissioner, the authorised officers, enforcement officers, all members of the Council and of the Committee, any staff member or agent of the current Commissioner to meet their obligations or performing their functions or the exercise of their powers under this Act, shall be deemed to be public servants within the meaning of the Penal Code.
Immunity from legal action, 121. There are no legal proceedings, prosecution or other forms of litigation may be instituted or maintained against — (a) the Commissioner, the Deputy Commissioner or Assistant Commissioner;
(b) any member of the Council;
(c) any authorised officer or enforcement officers; or (d) any person employed in the Office of the Commissioner or the Council, upon his personal nature in respect of any act, omission, decision or statement made or made for the purposes of or incidental to the execution or implementation of national heritage 79 proposed provisions of this Act or any regulations made under this Act unless the Act, omission, decision or the statement has been done or made by the negligence or deliberate disbelief.
Public authorities Protection Act 1948 122. Public authorities Protection Act 1948 [Act 198] shall apply to any action, suit, prosecution or proceedings against the Commissioner, Deputy Commissioner, Assistant Commissioner, the authorised officers, enforcement officers, any member of Council or a Committee, any staff member or agent of the Commissioner, or the Council in respect of any act, neglect or default done or made by him, as the case may be, on such properties.
123. Delegation of authority The Commissioner can generally or specifically empowered for the exercise, the exercise or performance of any powers, duties or functions under this Act or any regulations made under this Act to any officer appointed under subsection 5 (1).
Regulations 124. (1) the Minister may make such regulations as may be expedient or necessary for the purposes of implementing the provisions of this act better.
(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 required under this Act to be prescribed;
(b) prescribing the conservation management plan; (c) prescribing conditions and restrictions (including payments and the amount of fees) that are subject to it of any licence or permit under this Act may be given or issued;
80 laws of Malaysia ACT 645 (d) provide procedures for application, the terms and conditions to be imposed on the licence, and for fees, charges and deposits in respect of the application, including provision for forfeiture, use or return the deposit;
(e) prescribing the procedure for the management and the conservation and preservation of the heritage site, heritage, cultural heritage objects under water and national heritage;
(f) prescribing guidelines and arrangements for the conservation and preservation of the intangible cultural heritage;
(g) establish a procedure for compounding of offences; and (h) prescribing a penalty or a fine not exceeding twenty-five thousand dollars for a violation or failure to comply with any provisions of any regulations made under this Act or by restrictions or conditions of any licence or permit granted under any of the rules.
PART XVII REPEAL and SAVING PROVISIONS Repeal and saving of 125. (1) subject to subsection (2), Act 1976 [Act 168] and the Treasure Act 1957 [Act 542] is repealed.
(2) the Treasure Act 1957 shall continue to apply to the States which have not adopted the provisions of part XI of the Act through a law made by the Legislature of the State in accordance with clause (3) of article 76 of the Constitution.
(3) all setting, regulation, rules, by-laws, exceptions, directives and orders made, all the stored and all certificate given or which have effect under the law or order is repealed by this section and which are in force or have an impact on the commencement of this Act, shall (without prejudice to the Minister's power to amend the regulations, rules and by-laws or to amend National heritage, cancel or withdraw the exemption 81, directive or recommendation by order or directive made under the relevant provisions of this Act and subject to such modifications as may be necessary to streamline regulations, rules, by-laws, exceptions, instructions or commands with this Act) remain in force and have effect as if it had been made, stored or given under this Act , until otherwise provided for under this Act.
Prevention of 126 anomalies. (1) the Minister may, by order, make such modifications in the provisions of this act as it considers necessary or expedient for the purpose of removing any inconvenience caused by the commencement of this Act.
(2) the Minister may not exercise the powers conferred by this section after the expiration of two years from date of coming into operation of this Act.
(3) in this section "modification" includes amendment, addition, deletion, replacement, adaptation, variation, alteration and disapplication of any of the provisions of this Act.
82 the laws of Malaysia ACT 645 laws of MALAYSIA Act 645 National Heritage Act 2005 LIST AMENDMENT law short title force amend from – no – national heritage 83 laws of MALAYSIA Act 645 National Heritage Act 2005 AMENDED SECTION LIST Section Power amend with effect from – THERE are –