Malaysia legislation

Section 112

of NATIONAL HERITAGE ACT 2005

Section 112

(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.

Offences in respect of heritage object