National Heritage Act 2005

This Act may be cited as the National Heritage Act 2005.

This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette; and the Minister may appoint different dates for the coming into operation of this Act to different parts of Malaysia.

In this Act, unless the context otherwise requires—

“building” means a building or groups of separate or connected buildings which, because of their architecture, their homogeneity or their place in the landscape, are of outstanding universal value from the point of view of history, art or science;

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“antiquity” means—

In this Act, references to the State Authority in relation to the Federal Territory of Kuala Lumpur, the Federal Territory of

Labuan and the Federal Territory of Putrajaya shall be construed as references to the Minister responsible for the Federal Territory of Kuala Lumpur, the Federal Territory of Labuan and the Federal

Territory of Putrajaya.

For the purposes of this Act, the following shall not be considered as underwater cultural heritage:

Subject to subsection (2), the Minister shall be responsible for providing or issuing policies, statements or directives in respect of any matter, business, strategy or conduct on the conservation and preservation of heritage.

The Minister shall not provide or issue any policies, statements or directives under subsection (1) where the matter, business, strategy or conduct on the conservation and preservation of heritage concerns the power or jurisdiction of a State unless the relevant

State Authority has been consulted.

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There shall be appointed by the Minister, an officer to be known as the “Commissioner of Heritage” for the purpose of carrying out the powers and functions assigned to the Commissioner under this Act.

The appointment of the Commissioner shall be published in the Gazette.

The Commissioner appointed under subsection (1) shall be a body corporate having perpetual succession and a common seal.

The Commissioner may sue and be sued in its name.

The officer appointed to be the Commissioner shall hold office for a period of not more than three years and shall be eligible for reappointment.

The Minister may, from time to time, appoint such number of Deputy Commissioners, Assistant Commissioners, authorized officers and such other officers as are necessary to assist the

Commissioner in the performance of his functions and the exercise of his powers under this Act.

All officers appointed under subsection (1) shall be subject to the supervision, direction and control of the Commissioner.

to determine the designation of sites, registration of objects and underwater cultural heritage;

to establish and maintain the Register and to determine and specify the categories of heritage to be listed in the

Register;

to supervise and oversee the conservation, preservation, restoration, maintenance, promotion, exhibition and accessibility of heritage;

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to promote and facilitate any research relating to heritage;

to authorise, monitor and supervise excavations for heritage purposes;

to maintain documents relating to any excavation, exploration, finding or search for heritage;

to establish and maintain liaison and co-operation with the State Authority in respect of conservation and preservation of heritage matters;

to advise and co-ordinate with the local planning authority, the Council and other bodies and entities at all levels for the purpose of safeguarding, promoting and dealing with any heritage;

to promote and regulate that best standards and practices are applied in the conservation and preservation of heritage;

to advise the Minister with regard to any matter in respect of conservation and preservation of heritage;

to perform such other functions under this Act as the

Minister may assign from time to time; and

to do all such things as may be incidental to or consequential upon the discharge of his powers and functions.

to enter into contracts;

to acquire, purchase, take, hold and enjoy movable and immovable property of every description;

to convey, assign, surrender, yield up, charge, mortgage, demise, reassign, transfer, or otherwise dispose of, or deal with any movable or immovable property and any interest in any movable or immovable property, vested in the Commissioner; and

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to do all things reasonably necessary for the performance of its duties under this Act.

The functions of the Council shall be—

The Minister and the Commissioner shall not be bound to act upon the advice of the Council.

The Council shall consist of the following members:

The Minister may appoint any member of the Council to perform the functions of the Chairman—

A member appointed as the Chairman under subsection (2)

shall, during the period in which he is performing the functions of the Chairman under this section, be deemed to be the Chairman.

The appointment of members under paragraph 10(a)

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

A member appointed under paragraph 10(a) or (g) may at any time resign his office by giving fourteen days’ written notice addressed to the Minister.

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he dies;

there has been proved against him, or he has been convicted of, a charge in respect of—

an offence involving fraud, dishonesty or moral turpitude;

he becomes bankrupt;

he is of unsound mind or is otherwise incapable of discharging his duties;

he absents himself from three consecutive meetings of the Council without leave of the Chairman and in the case of the Chairman without leave of the Minister;

his resignation is accepted by the Minister; or

his appointment is revoked by the Minister.

The Council shall meet as often as may be necessary in a year for the performance of its functions.

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The Chairman shall preside at all meetings of the

Council.

A meeting of the Council shall be convened by the Chairman by notice in writing to the other members and the meeting shall be held at the time and place specified in the notice.

The quorum of the Council shall be five.

The decision of the Council shall be by majority votes, and where there is an equality of votes, the Chairman shall have the casting vote.

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

“Heritage Fund” is established.

The Fund shall be controlled, maintained and operated by the Commissioner.

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The Fund shall consist of—

payment for the purchase of heritage and conservation areas in accordance with this Act;

payment of the expenses incurred for—

the conservation and preservation of any heritage and conservation areas whether they are owned by the Government or otherwise;

any disbursement of grant or loan under this Act; and

any other payment for the purpose of this Act.

The Commissioner shall establish and maintain a register known as the National Heritage Register as may be prescribed containing the lists of heritage items registered under this Act.

The Commissioner shall make the Register available for public inspection subject to such conditions as he thinks fit.

Any person may on payment of a fee to be prescribed by the Minister—

Where a site has no natural heritage or cultural heritage significance but the Commissioner is satisfied that it should be designated as a heritage site because of its proximity to and for the protection and enhancement of another site designated as a heritage site under section 24, the Commissioner may so designate such site as a heritage site.

Any designation made under subsection (1) shall be revoked in the event the designation of that other site is revoked.

The Commissioner may at any time enter upon a site to inspect, survey, investigate or to carry out any work necessary for the purpose of determining whether to designate the site as a heritage site.

The owner or occupier of the site shall be given a notice in writing of not less than seven days of any proposed entry.

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

on conscientious or religious grounds, such entry shall not be effected except with the permission in writing of the State Authority in which the site is situated.

The Commissioner may enter into any arrangements with the owner or occupier of the site for any loss or damage suffered or alleged to have been suffered by the owner or occupier by reason of such entry under subsection (1).

Any person who obstructs the Commissioner or refuses entry into any site for inspection, survey, investigation, or to carry out any work under subsection (1) commits an offence.

Upon determining to designate a site as a heritage site, the

Commissioner shall, at least sixty days before making the designation, give a written notice in the form and manner as prescribed by the

Commissioner to the owner of the site of the intention to register the site as a heritage site.

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

the Commissioner shall—

Where the Commissioner, after hearing the parties, if any, is satisfied that—

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

Commissioner shall—

Where the Commissioner makes a decision not proceed with the proposed designation of a site, he shall immediately notify the owner of the site and the land office where the site is situated in writing of such decision, with or without assigning any reason.

Upon a notice being served on the owner of a site under subsection 27(1) the Commissioner may, with the concurrence of the State Authority, make an Interim Protection Order in relation to a site if in the opinion of the Commissioner it is necessary to do so for the purpose of conservation and preservation of the site.

An Interim Protection Order shall contain such conditions as may be specified by the Commissioner.

The Commissioner shall cause the Interim Protection Order to be served on the owner of the site.

An Interim Protection Order takes effect upon the service of the Interim Protection Order.

The Commissioner may at any time revoke an Interim

Protection Order.

Any person who contravenes an Interim Protection Order commits an offence.

The Commissioner may enter into any arrangements with the owner or occupier of a site for any loss or damage suffered or alleged to have been suffered by the owner or occupier by reason of the Interim Protection Order.

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.

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An Interim Protection Order shall continue to be in force—

The Commissioner may at any time extend the period during which an Interim Protection Order continues to remain in force.

A notice of an extension shall be served in the same manner as the Interim Protection Order is served.

Any person affected by the Interim Protection Order may apply to the Commissioner to carry out any work or activities on the site.

Upon receipt of an application the Commissioner may approve any reasonable work or activities on the site provided that the proposed work or activities do not reduce or affect the cultural heritage significance of the site.

An approval under subsection (2) may be subject to such conditions as the Commissioner may impose.

Any person who fails to comply with conditions imposed under subsection (2) commits an offence.

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Any person who purchases or acquires any heritage site shall within twenty-eight days of the date of the completion of the purchase or acquisition, notify the Commissioner in writing of—

A person who has notified the Commissioner of information under subsection (1) shall, within twenty-eight days of any change to the information provided, notify the Commissioner in writing of the change.

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

Commissioner may after consultation with the State Authority—

Where the owner or occupier agrees to such arrangements under paragraph 1(a), the Commissioner may make a contribution towards the costs of carrying out any works of repair or conservation which is deemed necessary.

Where a contribution towards the costs of carrying out the works is made, such works shall be carried out in accordance with the direction of the Commissioner.

The Commissioner shall make good any damage done to the site or to monument by the removal of any monument under paragraph 1(d) and may agree to the payment of any compensation to the owner of the site.

Any dispute as to the amount of compensation shall be referred to the Minister whose decision shall be final.

The owner or occupier of a heritage site situated on an alienated land shall permit the Commissioner or any authorized officer to enter upon the site to inspect, survey, investigate or to carry out any work necessary for the conservation, repair, maintenance and cleanliness as is deemed expedient or necessary.

The owner or occupier shall be given a notice in writing of not less than seven days of any proposed entry.

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

on conscientious or religious grounds, such entry shall not be effected except with the permission in writing of the State Authority where the heritage site is situated.

The owner or occupier shall be entitled to claim compensation for any loss or damage suffered or alleged to have been suffered by him by reason of such entry under subsection (1).

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Any dispute as to the amount of compensation shall be referred to the Minister whose decision shall be final.

The Commissioner shall coordinate and advise the local planning authority before any planning permission or development order is granted involving a heritage site.

Where the local planning authority refers any application by any person for planning permission or development order to the

Commissioner, such application shall contain—

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

The Commissioner shall advise the local planning authority to impose conditions when aprroving planning permission or a development order involving a heritage site which may include—

Where the planning permission is approved, the Commissioner shall liaise, cooperate and coordinate with the local planning authority to monitor and supervise that the terms and conditions imposed relating to the conservation of heritage are complied with.

Any person who contravenes any condition imposed under subsection (4) commits an offence.

Where the Commissioner, with the concurrence of the

State Authority, is satisfied that any monument regarded as suitable to be registered as a heritage site is in dilapidation or in imminent danger of demolition, destruction, damage or alteration, the

Commissioner shall serve on the owner of the monument a Monument

Preservation Order pending approval of its registration.

The Monument Preservation Order shall contain such conditions as may be specified.

A Monument Preservation Order shall come into operation as soon as it is served on the owner of the monument.

A Monument Preservation Order shall remain in operation for a period of ninety days from the date it is served and may be extended by the Commissioner for such period of time as he may think fit.

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Notwithstanding subsection (4), the Monument Preservation

Order shall cease to be in force—

Any person who contravenes the Monument Preservation

Order commits an offence.

The owner of a heritage site shall ensure that the heritage site is always in a state of good repair.

Where the Commissioner is satisfied that reasonable steps are not being taken for properly preserving the monument, he may carry out such repair works, after giving any person appearing to the Commissioner to be the owner of the monument two weeks notice of his intention to do so, and all costs and expenses reasonably incurred to carry out the works shall be reimbursed by such person.

An owner of a heritage site may, for the purpose of carrying out any conservation and preservation works on the heritage site apply to the Commissioner for any grant or loan.

The Commissioner may, in consultation with the Council and the State Authority, make arrangements with the owner of a heritage site to carry out any conservation and preservation works as the Commissioner deems appropriate.

The Commissioner may, with the approval of the Council, issue a grant or loan which is to be disbursed from the Fund for such conservation and preservation works.

The Commissioner may, when giving the grant or loan, impose such conditions as he deems appropriate on the owner.

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An owner of a heritage site may, with the approval and subject to such conditions as the Commissioner may impose, charge an entrance fee into the heritage site.

Where the Commissioner has contributed towards the expense of conservation and preservation of any heritage site, the

Commissioner may impose a levy on the entrance fee received by the owner of that heritage site and any levy paid by such owner shall be paid into the Fund.

Where a site is designated as a heritage site, that site shall on the date of the designation become a conservation area and shall be conserved and preserved according to a conservation management plan.

A conservation area may—

The Minister may, in consultation with the Council, determine the buffer zone and the central core.

The Commissioner shall, in consultation with the Council, prepare a conservation management plan for the purposes of—

The Commissioner shall from time to time submit such conservation management plan to the State Authority or the relevant local planning authority, as the case may be, and advise and co-ordinate with the State Authority or the local planning authority for the implementation of the conservation management plan and its guidelines.

The Commissioner shall from time to time revise any conservation management plan.

Any person who discovers any object which he has reason to believe has cultural heritage significance shall immediately notify the Commissioner, any authorized officer or the District

Officer of the district where the object was discovered, and where practicable, deliver the object to the Commissioner, authorized officer or the District Officer who shall give a written acknowledgement thereof.

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Where the District Officer has reason to believe that any object discovered in his area has cultural heritage significance, he may by notice in writing require the person having possession of it to deliver the object immediately to him, and the District Officer on receiving such object shall give a written acknowledgement and shall keep safely the said object.

A District Officer shall communicate the notification under subsection (1) or the written notice under subsection (2) to the

Commissioner as soon as practicable.

Any agent, contractor or executor of a Federal Government,

State Government or an owner of an alienated land who discovers at the project site any object which he has reason to believe that the object has cultural heritage significance, such agent, contractor or executor shall report to the Commissioner who shall immediately inspect the object.

Any person who contravenes subsection (1) or (4) commits an offence and shall on conviction be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding five years or to both.

Any object discovered after the date of the coming into operation of this Act shall be the absolute property of the Federal

Government provided that where the object is discovered on an alienated land, compensation may be paid to the owner of the land.

A competent heritage valuer may be appointed by the

Commissioner to decide on the value of the object for the purposes of ascertaining the amount of compensation, and the decision of the competent heritage valuer shall be final.

Every object which before the date of the coming into operation of this Act is not owned by any person or the control of which is not vested in any person as a trustee or manager, shall be deemed to be the absolute property of the Federal Government.

All undiscovered objects whether lying on or hidden beneath the surface of the ground or in any river or in the sea, shall be

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deemed to be the absolute property of the Federal Government but if the said object is at a later date found to be discovered on or in an alienated land the provisions of subsections (1) and (2) shall apply.

In any legal proceedings relating to the date of discovery of an object of cultural heritage significance, it shall be presumed until the contrary is proved that it was discovered after the date of the coming into operation of this Act.

The Commissioner may declare in the Gazette any object which has cultural heritage significance to be a heritage object and shall cause it to be listed in the Register.

Before making the declaration under subsection (1), the consent of the owner of such object shall be obtained and for that purpose, the Commissioner may furnish the owner such prior opportunity for representation or submission in regard to the proposed declaration as may be practicable in the circumstances and in such manner as may be prescribed.

The Commissioner may, in the same manner as in subsection (1), amend or revoke the Gazette and in each case of such amendment or revocation he shall substantiate his action with the necessary background and reason.

Upon the object being listed in the Register, the object shall be a heritage object starting from the date of its registration and shall cease to be a heritage object when the Commissioner revokes registration.

Any person may apply for an object to be registered as a heritage object.

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An application for registration shall be in such form and accompanied by such documents or information as may be prescribed.

The Commissioner may at any time after receiving the application under subsection (1) and before it is determined, by a written notice require the applicant to provide such additional documents or information as the Commissioner deems necessary.

Where any additional document or information required under subsection (3) is not provided by the applicant within the time specified in the notice or any extension thereof granted by the Commissioner, the application shall be deemed to be withdrawn and shall not be further proceeded with, but without prejudice to a fresh application being made by the applicant.

An application under this section may be withdrawn at any time before it is approved or refused.

Where the Commissioner is satisfied that an object is of cultural heritage significance, he shall register the object as a heritage object in the Register and give the applicant a written notice of the Commissioner’s decision under this section.

Where the application involves an object which is attached to any alienated land, the concurrence of the State Authority shall be obtained before the application is approved.

Where the application involves intangible cultural heritage in which copyright subsists, the consent of the copyright owner shall be obtained before the application is approved.

An application for registration which is approved under this section may be subject to such conditions as the Commissioner may impose.

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

Commissioner shall cause to be published in the Gazette a notice that the object has been registered as a heritage object and on any other matter constituting or relating to the heritage object which in his opinion is desirable to publish.

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Where the Commissioner refuses the application, he shall immediately notify the applicant in writing of the refusal with or without assigning any reason for the refusal.

When an object is registered under section 51 the

Commissioner shall issue a certificate of registration to the owner.

Upon the heritage object being ceased to be registered as a heritage object, the owner of the object must surrender the certificate of registration to the Commissioner within three months from the date of such cessation.

On the discovery of any object having cultural heritage significance, the Commissioner shall be entitled to the custody and possession of the same on behalf of the Federal

Government and shall be responsible for its safeguarding and safekeeping.

If the Commissioner decides not to retain such object, it shall be returned to the person who delivered it subject to any condition that may be imposed by the Commissioner.

When an object is retained by the Commissioner or where in the opinion of the Commissioner that object should be safeguarded at the place where it was found, the Commissioner shall at his discretion pay a reasonable amount of compensation to—

The Commissioner may by notice in writing require any person in possession of any heritage object which is deemed to be of a national importance or interest, not to sell or dispose of such object without prior written consent of the Commissioner.

Any person who receives such notice shall not sell or dispose of any heritage object in his possession or custody.

Within the period of thirty days from the date of the notice under subsection (1) the Commissioner shall have the first right to purchase such heritage object at an agreeable value.

Any person who contravenes subsection (2) commits an offence and shall on conviction be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding one year or to both.

Any person who purchases or acquires a heritage object shall, within twenty-eight days of the date of the purchase or acquisition, notify the Commissioner in writing of that purchaser or acquirer’s name, particulars and address.

Any change to the information under subsection (1) shall be notified to the Commissioner in writing within twenty-eight days.

Any person who contravenes subsection (1) or (2) commits an offence and shall on conviction be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding one year or to both.

The owner or custodian of a heritage object shall keep the heritage property in good condition and in a secure place.

The owner or custodian of a heritage object shall immediately report to the Commissioner any loss or damage to such heritage object or any part of it upon discovery of such loss or damage.

Any person who fails to comply subsection (1) or (2) commits an offence.

The owner or custodian of a heritage object in the form of an intangible cultural heritage shall take all necessary steps to develop, identify, transmit, cause to be performed and facilitate the research on the intangible cultural heritage according to the guidelines and procedures as may be prescribed.

The Commissioner may enter into any arrangements with the owner or custodian of the intangible cultural heritage for the compliance with the guidelines and procedures as prescribed.

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Any person who discovers an underwater cultural heritage in the Malaysian waters shall, as soon as practicable, give notice of such discovery to the Commissioner or the port officer.

The port officer upon receiving such notice shall as soon as practicable notify, and where possible deliver the underwater cultural heritage to, the Commissioner.

The Commissioner may, upon being satisfied that the underwater cultural heritage has cultural heritage significance, cause it to be listed in the Register.

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

commits an offence.

Where it appears to the Commissioner that a person is in or may have had possession, custody or control of any moveable underwater cultural heritage or part of an underwater cultural heritage the Commissioner may, by notice in writing to the person, require the person within the specified time in the notice furnish him with the full information of such moveable underwater cultural heritage.

Where the person has ceased to have such possession, custody or control of the moveable underwater cultural heritage, the person shall give the Commissioner particulars of the circumstances in which he ceased to have the possession, custody or control of such moveable underwater cultural heritage.

Where the person has transferred such possession, custody or control of the moveable underwater cultural heritage to another person, he shall give to the Commissioner the name and address of the person to whom such possession, custody or control of such moveable underwater cultural heritage was transferred.

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Any person who fails to comply with any of the requirements under this section commits an offence.

Where the Commissioner is of the opinion that any underwater cultural heritage is situated in Malaysian waters is of cultural heritage significance but less than one hundred years old, he shall advise the Minister and the Minister may by notice published in the Gazette declare the site or object to be a underwater cultural heritage.

Any site or object declared to be an underwater cultural heritage shall be listed in the Register.

The Minister may on the advise of the Commissioner, declare in the notice published in the Gazette any area within which an underwater cultural heritage is situated to be a protected zone.

No person shall carry out any activity in the protected zone except with approval in writing from the Commissioner.

Any person who contravenes subsection (2) commits an offence.

No person shall carry on any salvage or excavation work in any Malaysian waters for the purpose of finding any underwater cultural heritage, except with a licence approved by the Commissioner.

Any person who contravenes subsection (1) commits an offence.

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Any underwater cultural heritage discovered during any survey, salvage or excavation works shall vest in the Commissioner and shall be listed in the Register.

Where the Commissioner takes possession of any underwater cultural heritage, he shall within forty-eight hours cause to be posted a list of the underwater cultural heritage in any port office within the district where the underwater cultural heritage was discovered.

Any owner of the underwater cultural heritage may, upon establishing his claim to the satisfaction of the Commissioner, within one year from the time at which the underwater cultural heritage came into the possession of the Commissioner, and upon paying the salvage fees and expenses due, be entitled to have the possession of the underwater cultural heritage upon such terms and conditions as may be imposed by the Commissioner.

An owner who fails to comply with any of the terms and conditions imposed under subsection (3) commits an offence.

Where no owner establishes a claim within one year, the underwater cultural heritage shall be the absolute property of the

Federal Government.

Unless otherwise directed by the Minister, the Commissioner may preserve the underwater cultural heritage in situ.

The Minister may, by order published in the Gazette, declare any heritage site, heritage object, underwater cultural heritage listed in the Register or any living person as a National

Heritage.

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In making a declaration under subsection (1) the Minister may consider—

Where the site, object or underwater cultural heritage is situated on State land, the Minister shall consult the State Authority before making any declaration under subsection (1).

Where the site, object or underwater cultural heritage is on an alienated land or belongs to any person other than the Federal

Government or a State Government, the owner, custodian or trustee of that site, immovable object or underwater cultural heritage shall be notified at least thirty days prior to the date of the proposed declaration.

Where the declaration under subsection (1) involves an intangible cultural heritage and copyright still subsists in such works, the consent of the copyright owner shall be obtained before any declaration is made.

Where the declaration under subsection (1) involves a living person, the consent of that person shall be obtained before any declaration is made.

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A copy of the order shall be served on the owner, custodian or trustee of the site, object or underwater cultural property or on the living person.

Any person who objects to the making of the declaration under subsection (1) may submit an objection in writing to the

Minister within three months of its publication and may apply to the Minister for the revocation of the order.

The Minister may, after having been advised by the Council, revoke or refuse to revoke the order and such decision shall be final.

There shall be no change in respect of the ownership of any National Heritage except by—

Where the owner, custodian or trustee intends to sell a

National Heritage, that owner, custodian or trustee shall give priority to the Commissioner to purchase that National Heritage on an agreed value or upon the instruction of the Commissioner to deal with in such manner that the Commissioner deems fit.

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Where there is any dispute between the Commissioner and the owner as to the reasonable compensation for such National

Heritage, such dispute shall be referred to the Minister whose decision shall be final.

Where a sale is effected pursuant to paragraph (1)(b) the owner, custodian or trustee and the purchaser shall inform in writing to the Commissioner within thirty days after the change in ownership and the Commissioner shall cause to be made the necessary amendment in the Register.

The Minister may impose different procedures and guidelines as may be prescribed for the management, conservation and preservation of different categories of National Heritage.

The Minister may approve any financial assistance to the owner, custodian or trustee of a National Heritage for the compliance with any procedure or guidelines prescribed under subsection (1).

Any person who discovers any treasure trove shall, immediately give notice of such discovery to the Commissioner or District Officer of the district where the treasure trove was discovered and shall deliver the treasure trove to the District Officer who shall acknowledge receipt.

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A District Officer receiving a notice under subsection (1)

shall notify the same to the Commissioner where such treasure trove was discovered.

If the District Officer has reason to believe that any treasure trove has been discovered in his district and the discovery of the same has not been notified to him under this Act, he shall by notice in writing require the finder or suspected finder or the owner or occupier of the place in which the treasure trove is discovered to appear personally before him on a day and at a place mentioned in the notice and deliver to him such treasure trove or suspected treasure trove so discovered, and the District Officer shall acknowledge receipt.

The District Officer shall cause a notice to the finder or suspected finder or the owner or occupier of the place in which the treasure trove is discovered or other person claiming the treasure trove or any part of it requiring them to appear personally before the District Officer on a day and at a place mentioned in the notice for purpose of enquiring to determine—

The rights of a person mentioned in subsection (1) over the treasure trove if they are found to be so are forfeited upon failure of that person to appear.

Where—

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.

The Commissioner or any officer authorized by him in writing for that purpose may at all reasonable times inspect any treasure trove in the possession of any person.

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It shall be the duty of every such person to permit such inspection and to give to the Commissioner or such officer all reasonable facilities to study such treasure trove and to make drawings, photographs, prints, squeezes or reproductions by the making of casts or by any other means.

No such drawings, photographs, prints, squeezes or reproductions under subsection (2) shall be sold without the consent of the person in possession of the treasure trove.

Any person who is convicted of any offence under this

Part in respect of any treasure trove shall by virtue of such conviction be not entitled to all claims to or interests in the same or the value thereof or any reward in connection with the discovery thereof, and in any such case the Magistrate may order the treasure trove to be delivered to the State Secretary on behalf of the State Authority wherein the same was discovered and in the case of the Federal

Territory of Kuala Lumpur, the Federal Territory of Labuan and the Federal Territory of Putrajaya to the Minister responsible for the Federal Territory of Kuala Lumpur, the Federal Territory of

Labuan and the Federal Territory of Putrajaya, and where the

Magistrate makes such order it shall be the duty of any person in whose possession the treasure trove to deliver it accordingly.

The respective State may order any treasure trove forfeited under this section to be delivered to the owner or other person entitled thereto or returned to the finder, as the case may be, upon such terms and conditions as it may deem fit.

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No person shall export any heritage item unless a licence to export has been obtained from the Commissioner.

The Commissioner shall not issue such a licence if in his opinion the heritage item concerned is reasonably believed to be of national importance or interest.

In an application for a licence to export any heritage item, the applicant shall submit the description, declare the value and furnish such relevant particulars which the Commissioner may require and shall, if so required, deposit such heritage item with the Commissioner for inspection.

No licence shall be issued to any person unless he proves to the satisfaction of the Commissioner that he is the owner of such heritage item or that he is acting on behalf of and with the authority of the owner.

Where an enforcement officer or a proper officer of customs has any reason to believe that an object or material which is to be exported is a heritage item and without having a valid export licence, he shall detain such object or material and immediately notify the Commissioner within twenty-four hours for the determination of such object or material.

If the Commissioner is satisfied that the object or material is a heritage item and is or will be of national importance or interest, he may prohibit the export thereof.

Any person who contravenes the provisions of subsection (1) commits an offence and shall on conviction be liable to imprisonment for a term not exceeding ten years or to a fine not exceeding one hundred thousand ringgit or to both.

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A person who intends to import any foreign heritage item shall notify the Commissioner with the documents certifying that such foreign heritage item was lawfully transported out of a foreign country.

If there is a valid reason to believe that a foreign heritage item which is in transit or has already been imported was unlawfully transported out of a foreign country, the Commissioner may take possession of it and keep it in custody but before he executes such act he shall consult the Minister whose decision shall be final.

Where a foreign heritage item is detained under subsection (2), the Commissioner shall keep and manage it as he thinks fit.

Where such foreign heritage item is proven to have been lawfully transported out of the foreign country, the Commissioner shall return it to the person importing it without delay.

Where any country has proved that such foreign heritage item was unlawfully exported and requested it be returned in accordance with the terms of a treaty, or when the Commissioner performs the duty of returning it in accordance with a treaty, he shall, with the help of the competent authorities, take necessary measures to return it to such country.

No person shall excavate any land for the purpose of discovering an object unless he holds a licence approved by the

Commissioner.

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Any person who contravenes subsection (1) commits an offence and shall on conviction be liable to imprisonment for a term not exceeding five years or to a fine not exceeding fifty thousand ringgit or to both.

be made to the Commissioner in the prescribed form; and

contain a full and accurate description of the land on which it is proposed to be carried out, the purpose, nature and extent of the proposed excavation and such other particulars as may be required.

The Commissioner may in his discretion approve or refuse any application for a licence to excavate.

No licence under subsection (1) shall be approved unless the Commissioner is satisfied—

Any licence to excavate may, at any time before the expiration of the period for which it was granted, be extended by the

Commissioner for such further period as he thinks fit.

Any licence to excavate may, at any time before the expiration of the period for which it was granted, be revoked by the

Commissioner in the event the licence holder is in breach of any term or condition of the licence or such revocation is necessary to safeguard the national interest, interest of national security or for the purpose of any Government policy.

A licence holder shall not be entitled to claim compensation for any loss or damage suffered or alleged to have been suffered by him by reason of such revocation under subsection (2).

For the purposes of this section, what constitutes “national interest”, “interest of national security” or “Government policy”

shall be determined by the Minister on the recommendation of the

Commissioner and such determination shall be final.

No appeal shall lie against the decision of the Minister under subsection (4).

No person shall deal in any heritage item unless he is a registered dealer and holds a certificate of registration approved by the Commissioner.

Any person who contravenes the provision of subsection (1)

commits an offence and shall on conviction be liable to imprisonment for a term not exceeding five years or to a fine not exceeding fifty thousand ringgit or to both.

Any person may apply to be registered as a registered dealer of cultural heritage to the Commissioner in the prescribed form and manner.

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The Commissioner may approve or refuse such application.

Any information on any stolen or lost of heritage item which has been received by the police shall be communicated to the Commissioner.

Upon receiving the information under subsection (1) the

Commissioner shall notify the registered dealers the list and description of such stolen or lost heritage item.

If any property answering to the list and description is in the possession of any registered dealer or which has been offered or shown to any registered dealer, he shall without any delay give information to that effect at the nearest police station or to any police officer, with the name and address of the person from whom he acquired or who offered or showed him the same.

Any registered dealer who fails to give information required under subsection (3) commits an offence and shall on conviction be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding six months or to both.

The registered dealer in such case may detain the person offering or showing such item to him until the arrival of the police.

Every registered dealer who deals in heritage item shall, when so required by order in writing by the Commissioner, in respect of such period and in such manner as may be specified in such order, report in writing to the nearest authorized officer full details of any heritage item which he has bought or sold with the price paid and the name and address of the vendor or purchaser thereof, as the case may be.

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Such reports shall be legibly written in the national language or in English language.

Any registered dealer who, without reasonable excuse, fails to comply with such order commits an offence and shall on conviction be liable to a fine not exceeding twenty thousand ringgit or to imprisonment for a term not exceeding two years or to both.

If any person is convicted in any court of an offence under

Chapter XVII of the Penal Code [Act 574] in respect of any heritage item and it appears to the court that the same has been sold to a registered dealer, the court, on proof of the ownership of the property, may, if it thinks fit, order, the delivery of that heritage item to the owner either on payment to the registered dealer of the amount of the purchase price or any part thereof or without payment thereof or of any part thereof as the court may deem fit and proper.

The court may also adjourn the proceeding for the attendance of the registered dealer and may summon the registered dealer to attend the adjourned hearing for the determination under subsection (1).

Any person may, within thirty days from the date of the notification of the decision of the Commissioner, appeal in writing to the Minister if that person is aggrieved—

The Minister may confirm, reverse or vary the decision appealed against and, in confirming, reversing or varying the decision, may impose such terms or conditions as he deems just or necessary.

Before making any decision under subsection (2), the Minister may refer the matter to the Council.

The decision of the Minister under this section shall be final.

Where the decision is reversed or varied, the particulars of the reversal or variation shall be entered in the Register.

There shall be issued to each enforcement officer an authority card which shall be signed by the Minister.

Whenever an enforcement officer exercises any of the powers under this Act or any regulations made under this Act, he shall on demand produce to the person against whom the power is being exercised the authority card issued to him under subsection (1).

If it appears to a Magistrate, upon written information on oath and after such enquiry as he considers necessary, that there is reasonable cause to believe that—

A warrant issued under subsection (1) may authorize the enforcement officer or police officer to search the premises for, and to seize and remove from the premises—

An enforcement officer or a police officer acting under subsection (1) or (2) may—

or (2); and

enter and search that place or those premises;

stop and search that person, vehicle, vessel or conveyance;

and

seize any object, material, book, document or other thing which may be found and may be evidence of the commission of such offence.

Where any seizure is made under this Part, the enforcement officer or police officer making the seizure shall prepare a list of every object, material, book, document or other thing seized and of the place in which it is found and shall sign the list.

The list prepared in accordance with subsection (1) shall be delivered immediately to the occupant of the place or premises where the object, material, book, document or other thing seized is found.

Where the seizure is made in or from any place or premises which are unoccupied, the enforcement officer or police officer making the seizure shall whenever possible post a list of the things seized conspicuously at the place or premises.

Where any object, material, book, document or other thing is seized otherwise than in or from any place or premises, the enforcement officer or police officer making the seizure shall give a notice in writing of the seizure and the grounds of the seizure to the owner of the object, material, books, document or other thing seized by delivering a copy of such notice to the owner in person or by post at his place of business or residence.

A notice under subsection (4) need not be given where the seizure is made in the presence or with the knowledge of the owner.

Any enforcement officer or police officer may arrest without warrant any person whom he reasonably believes has committed or is attempting to commit an offence under this Act or any regulations made under this Act.

An enforcement officer making an arrest under subsection (1) shall without unnecessary delay make over the person so arrested to the nearest police officer or, in the absence of a police officer, take such person to the nearest police station, and thereafter the person shall be dealt with as is provided for by the law relating to criminal procedure for the time being in force as if he had been arrested by a police officer.

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assaults, obstructs, hinders or delays any enforcement officer in effecting any entrance which he is entitled to effect under this Act, or in the execution of any duty imposed or power conferred by this Act; or

fails to comply with any lawful demand of an enforcement officer in the execution of his duty under section 105, commits an offence and shall on conviction be liable to imprisonment for a term not exceeding one year or to a fine not exceeding ten thousand ringgit or to both.

The enforcement officer making an investigation under this Act or any regulations made under this Act may, by order in writing, require the attendance before himself of any person who appears to him to be acquainted with the facts and circumstances of the case, and such person shall attend as required.

If any such person refuses to attend as required by an order made under subsection (1), the enforcement officer may report his refusal to a Magistrate who shall issue a warrant to secure the attendance of such person as may be required by the order.

An enforcement officer making an investigation under this Act or any regulations made under this Act may examine orally any person supposed to be acquainted with the facts and circumstances of the case and shall reduce into writing any statement made by the person so examined.

Such person shall be bound to answer all questions relating to such case put to him by the enforcement officer, but he may refuse to answer any question the answer to which would have a tendency to expose him to a criminal charge or penalty or forfeiture.

A person making a statement under this section shall be legally bound to state the truth, whether or not such statement is made wholly or partly in answer to questions.

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The enforcement officer examining a person under subsection (1) shall first inform that person of the provisions of subsections (2) and (3).

A statement made by any person under this section shall, wherever possible, be reduced into writing and signed by the person making it or affixed with his thumb print, as the case may be, after—

In any trial or inquiry by a court into an offence under this Act, any statement, whether the statement amounts to a confession or not, is oral or in writing, made at any time, whether before or after the person is charged and whether in the course of an investigation or not and whether or not wholly or partly in answer to questions, by an accused person to or in the hearing of any enforcement officer or a police officer, whether or not interpreted to him by any other enforcement officer or police officer or any other person, whether concerned or not in the arrest of that person, shall, notwithstanding any written law or rule of law to the contrary, be admissible at his trial in evidence and, if that person tenders himself as a witness, any such statement may be used in cross-examination and for the purpose of impeaching his credit.

No statement made under subsection (1) shall be admissible or used as provided for in that subsection if the making of the statement appears to the court to have been caused by any inducement, threat or promise having reference to the charge against the person, proceeding from a person in authority and sufficient in the opinion of the court to give that person grounds which would appear to him reasonable for supposing that by making it he would gain any advantage or avoid any evil of a temporal nature in reference to the proceedings against him.

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Where any person is arrested or is informed that he may be prosecuted for any offence under this Act, he shall be served with a notice in writing, which shall be explained to him, to the following effect:

“You have been arrested/informed that you may be prosecuted for … (the possible offence under this Act). Do you wish to say anything? If there is any fact on which you intend to rely in your defence in court, you are advised to mention it now. If you hold it back till you go to court, your evidence may be less likely to be believed and this may have a bad effect on your case in general. If you wish to mention any fact now, and you would like it written down, this will be done.”.

Notwithstanding subsection (3), a statement by any person accused of any offence under this Act made before there is time to serve a notice under that subsection shall not be rendered inadmissible in evidence merely by reason of no such notice having been served on him if such notice has been served on him as soon as is reasonably possible thereafter.

No statement made by an accused person in answer to a written notice served on him pursuant to subsection (3) shall be construed as a statement caused by any inducement, threat or promise as is described in subsection (2), if it is otherwise voluntary.

Where in any criminal proceedings against a person for an offence under this Act, evidence is given that the accused, on being informed that he might be prosecuted for it, failed to mention any such fact, being a fact which in the circumstances existing at the time he could reasonably have been expected to mention when so informed, the court, in determining whether the prosecution has made out a prima facie case against the accused and in determining whether the accused is guilty of the offence charged, may draw such inference from the failure as appear proper; and the failure may, on the basis of those inferences, be treated as, or as capable of amounting to, corroboration of any evidence given against the accused in relation to which the failure is material.

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

Any object, material, book, document or other thing seized under this Act shall be liable to forfeiture.

Where anything has been seized under this Act the enforcement officer may at his discretion temporarily return such thing to the owner of the same on security being furnished to his satisfaction that such thing shall be surrendered to him on demand or to produce it before a court of competent jurisdiction.

An order for the forfeiture under subsection (1) shall be made if it is proved to the satisfaction of the court that an offence under this Act or any regulations made under this Act has been committed and that the object, material, book, document or other thing was the subject-matter of or was used in the commission of the offence, even though no person has been convicted of such offence.

If there is no prosecution with regard to any object, material, book, document or other thing seized under this Act, such object, material, book, document or other thing shall be taken and deemed to be forfeited at the expiration of a period of one calendar month from the date of service of a notice to the last known address of the person from whom the object, material, book, document or other thing was seized indicating that there is no prosecution in respect of such object, material, book, document or other thing, unless before the expiration of that period a claim thereto is made in the manner set out in subsections (5), (6), (7) and (8).

Any person asserting that he is the owner of the object, material, book, document or other thing referred to under subsection (4) and that it is not liable to forfeiture may personally or by his agent authorized in writing give written notice to the enforcement officer or police officer in whose possession such object, material, book, document or other thing is held that he claims the object, material, book, document or other thing.

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On receipt of the notice referred to in subsection (5), the enforcement officer or the police officer shall refer the matter to the Magistrate for a decision.

The Magistrate to whom a matter is referred under subsection (6) shall issue a summons requiring the person asserting that he is the owner of the object, material, book, document or other thing and the person from whom it was seized to appear before the Magistrate, and when they appear or when they fail to appear, due service of the summons having been proved, the

Magistrate shall proceed to examine the matter.

If it is proved that an offence under this Act or any regulations made under this Act has been committed and that object, material, book, document or other thing referred to in subsection (7) was the subject-matter of or was used in the commission of such offence, the Magistrate shall order the object, material, book, document or other thing to be forfeited and shall, in the absence of such proof, order its release.

Any object, material, book, document or other thing forfeited or deemed to be forfeited shall be delivered to an enforcement officer or a police officer and shall be disposed of in accordance with the directions of the Magistrate.

Where anything seized in exercise of the powers conferred under section 100 or section 101 is of a perishable nature or where the custody of such thing involves unreasonable expense and inconvenience, the Commissioner, Deputy Commissioner or Assistant

Commissioner or the enforcement officer, as the case may be, may direct that such thing be sold at any time and the proceeds of the sale be held to abide by the result of any prosecution or claim under this section.