Section 2

any moveable object which is or is reasonably believed to be at least fifty years old;

any part of any such object which has at any later date been added or re-constructed or restored; and

any human, plant or animal remains which is or is reasonably believed to be at least one hundred years old;

“heritage item” means any National Heritage, heritage site, heritage object or underwater cultural heritage listed in the Register;

“foreign heritage item” means any item designated and protected as such by a legislation of a foreign country, which is a party to a treaty on the protection of cultural object or material;

“Register” means the National Heritage Register established and maintained under section 23 containing a list of heritage items;

“treasure trove” means any money, coin, gold, silver, plate, bullion jewellery, precious stone or any object or article of value found hidden in, or in anything affixed to, the soil or the bed of a river or lake or of the sea, the owner of which is unknown or cannot be found, but does not include any tangible cultural heritage;

“area” includes works of man or the combined works of nature and man, and areas including archaeological sites which are of outstanding universal value from the historical, aesthetic, ethnological or anthropological point of view;

“Fund” means the Heritage Fund established under section 20;

“customs airport” and “customs port” have the same meaning assigned to it by the Customs Act 1967 [Act 235];

“Council” means the National Heritage Council established under section 8;

“safeguarding” means the identification, protection, conservation, restoration, renovation, maintenance, documentation and revitalization of historic or traditional matter, artefact, area and their environment;

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“Minister” means the Minister charged with the responsibility for heritage;

“monument” means architectural works, works of monumental sculpture and painting, elements or structures of an archaeological nature, inscriptions, cave dwellings and combinations of features, which are of outstanding universal value from the point of view of history, art or science;

“object” includes any moveable antiquity, tangible cultural heritage, intangible cultural heritage and historical object but excluding treasure trove;

“historical object” means any artefact or other object to which religious, traditional, artistic or historic interest is attached and includes any—

ethnographic material such as a household or agricultural implement, decorative article or personal ornament;

work of art such as a carving, sculpture, painting, architecture, textile, musical instrument, weapon and any other handicraft;

manuscript, coin, currency note, medal, badge, insignia, coat of arm, crest flag, arm or armour; or

vehicle, ship and boat, in part or in whole, whose production has ceased;

“heritage object” means an object declared under section 49 or registered under section 51 as a heritage object;

“proper officer of customs” has the same meaning assigned to it by the Customs Act 1967;

“port officer” has the same meaning assigned to it by the Merchant

Shipping Ordinance 1952 [Ord. No. 70 of 1952];

“enforcement officer” means any officer appointed by the Minister under section 97;

“conservation management plan” means a plan for conservation prepared under section 46;

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“restoration” means the process of accurately recovering the form and details of a structure or part of a structure and its setting, as it appeared at some period in time, by removing the latter work and replacing the missing original work, and includes—

full restoration which involves both exterior and interior;

partial restoration which involves the exterior, interior, or any partial combination and is adopted when only parts of a structure are important in illustrating cultural values at its level of historic significance, or contribute to the values for which the area was designated; and

adaptive restoration which involves all or a portion of the exterior restoration with the interior adapted to a modern functional use;

“reconstruction” means the process of accurately reproducing by new construction, the form and detail of a vanished structure, or part of it, as it appeared at some period in time and includes full or partial reconstruction;

“preservation” means aiming to halt further deterioration, decay or a state of dilapidation and providing structural safety and well being but does not contemplate significant rebuilding and includes—

techniques of arresting or slowing the process of deterioration, decay or state of dilapidation of an item or structure;

improvement of structural conditions to make a structure safe, habitable, or otherwise useful; and

normal maintenance and minor repairs that do not change or adversely affect the fabric or historic appearance of a structure;

“rehabilitation” means the process of returning a property to a state of utility through repair or alteration, which makes possible an efficient contemporary use while preserving those portions and features of the property which are significant to its historic architecture;

“conservation” includes preservation, restoration, reconstruction, rehabilitation and adaptation or any combination;

“owner”, in relation to any land, means the registered owner or the holder by customary tenure of the land;

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“occupier” includes the cultivator or person in actual possession, management or control of any land, and includes any person having the possession or control of any moveable property in that premises or land;

“collector” means any person who acquires tangible moveable cultural heritage for purposes other than for sale;

“dealer” means any person who receives profit from the purchase and resale of exhibits and includes a registered dealer;

“registered dealer” means any dealer who is licenced under section 91;

“Malaysian waters” means the territorial waters of Malaysia determined in accordance with the Emergency (Essential Powers)

Ordinance No. 7 of 1969 [P.U. (A) 307A/1969];

“Commissioner” means the Commissioner of Heritage appointed under section 4;

“local planning authority” shall have the same meaning assigned to it by the Town and Country Planning Act 1976 [Act 172] in

Peninsular Malaysia and the competent planning authority under the State laws of Sabah and Sarawak;

“archaeological relic” means—

any archaeological deposit; or

any artefact, remains or material evidence associated with an archaeological deposit, in any part of Malaysia and is fifty or more years old;

“archaeological reserve” means an area in which archaeological relics are situated;

“site” includes any area, place, zone, natural heritage, monument or building attached to land, archaeological reserve and any land with building, garden, tree or archaeological reserve;

“heritage site” means a site designated as a heritage site under section 24;

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“heritage” imports the generic meaning of a National Heritage, sites, objects and underwater cultural heritage whether listed or not in the Register;

“National Heritage” means any heritage site, heritage object, underwater cultural heritage or any living person declared as a

National Heritage under section 67;

“cultural heritage” includes tangible or intangible form of cultural property, structure or artefact and may include a heritage matter, object, item, artefact, formation structure, performance, dance, song, music that is pertinent to the historical or contemporary way of life of Malaysians, on or in land or underwater cultural heritage of tangible form but excluding natural heritage;

“underwater cultural heritage” means all traces of human existence having a cultural, historical or archaeological character which have been partially or totally under water, periodically or continuously, for at least one hundred years such as—

sites, structures, buildings, artefacts and human remains, together with their archaeological and natural context;

vessels, aircraft, other vehicles or any part thereof, their cargo or other contents, together with their archaeological and natural context; and

objects of prehistoric character;

“tangible cultural heritage” includes area, monument and building;

“intangible cultural heritage” includes any form of expressions, languages, lingual utterances, sayings, musically produced tunes, notes, audible lyrics, songs, folksongs, oral traditions, poetry, music, dances as produced by the performing arts, theatrical plays, audible compositions of sounds and music, martial arts, that may have existed or exist in relation to the heritage of Malaysia or any part of Malaysia or in relation to the heritage of a Malaysian community;

“cultural heritage significance” means cultural heritage having aesthetic, archaeological, architectural, cultural, historical, scientific, social, spiritual, linguistic or technological value;

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“natural heritage” includes natural features of any area in Malaysia which may consist of earthly physical or biological formations or group of such formations, geological or physiographical features, mountains, rivers, streams, rock formation, sea shore or any natural sites of outstanding value from the point of view of nature, science, history conservation or natural beauty including flora and fauna of Malaysia;

“zone” means an area or part of an area for the purpose of preservation and restoration in respect of rural and urban landscapes whether natural or man-made, which embraces any cultural heritage significance.

pipelines and cables placed on the seabed; and

installations other than pipelines and cables, placed on the seabed.