112. Offences in respect of heritage site

(1)

No person shall, without the approval in writing of the

Commissioner—

(a)

dig, construct, excavate, build, plant trees, quarry, irrigate, burn lime or deposit earth or refuse, on or in the heritage site or conservation area;

(b)

demolish, disturb, obstruct, modify, mark, pull down or remove any monument in any heritage site;

(c)

erect any building or structure abutting upon a monument in any heritage site;

(d)

destroy the relationship of a building and its environment that is incompatible with the character of the neighbourhood in any heritage site;

(e)

clear any area or interfere with, destroy or remove any tree, plant undergrowth, weed, grass or vegetation in any heritage site; or

(f)

do any activities or actions that would likely cause damage to the adjacent and surrounding land which have been registered as heritage site.

(2)

Any person who, without lawful authority, contravenes subsection (1) shall be guilty of an offence and shall on conviction be liable to imprisonment for a term not exceeding five years or to a fine not exceeding fifty thousand ringgit or to both.

(3)

Any person who has in his possession or custody or under his control, any material originating from the land which constitutes a natural heritage or cultural heritage, shall be presumed to have extracted, removed or transported or permitted the extraction, removal or transportation of natural heritage or cultural heritage without lawful authority.

(4)

Any person convicted of an offence under this section may be ordered to pay, in addition to any punishment, imposed under subsection (2), compensation equal to the value of the object and of anything damaged in the course of its extraction.

National Heritage 69

(5)

For the purposes of subsection (4), the value of any object shall, in the absence of evidence to the contrary, be deemed to be such amount as the Federal Government valuer may certify.

(6)

Any sum ordered to be paid under subsection (4) shall be recoverable as if it were a fine imposed on conviction.

Terms defined in s 2

area
Defined · s 2
“area” includes works of man or the combined works of nature and man, and areas including archaeological sites which are of outstanding universal value from the historical, aesthetic, ethnological or anthropological point of view;
Open s 2
building
Defined · s 2
“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;
Open s 2
Commissioner
Defined · s 2
“Commissioner” means the Commissioner of Heritage appointed under section 4;
Open s 2
conservation
Defined · s 2
“conservation” includes preservation, restoration, reconstruction, rehabilitation and adaptation or any combination;
Open s 2
cultural heritage
Defined · s 2
“cultural heritage” includes tangible or intangible form of cultural property, structure or artefact and may include a heritage matter, object, item, artefact, formation structure, performance, dance, song, music that is pertinent to the historical or contemporary way of life of Malaysians, on or in land or underwater cultural heritage of tangible form but excluding natural heritage;
Open s 2
heritage site
Defined · s 2
“heritage site” means a site designated as a heritage site under section 24;
Open s 2
monument
Defined · s 2
“monument” means architectural works, works of monumental sculpture and painting, elements or structures of an archaeological nature, inscriptions, cave dwellings and combinations of features, which are of outstanding universal value from the point of view of history, art or science;
Open s 2
National Heritage
Defined · s 2
“National Heritage” means any heritage site, heritage object, underwater cultural heritage or any living person declared as a National Heritage under section 67;
Open s 2
natural heritage
Defined · s 2
“natural heritage” includes natural features of any area in Malaysia which may consist of earthly physical or biological formations or group of such formations, geological or physiographical features, mountains, rivers, streams, rock formation, sea shore or any natural sites of outstanding value from the point of view of nature, science, history conservation or natural beauty including flora and fauna of Malaysia;
Open s 2
object
Defined · s 2
“object” includes any moveable antiquity, tangible cultural heritage, intangible cultural heritage and historical object but excluding treasure trove;
Open s 2

Report

Read on from s 113

Part XVI

Miscellaneous

Read on from Part XVI

Part XVII

Repeal and Saving Provisions

Read on from Part XVII