In forceUpdated to 1 Jun 2006Read it in Bahasa Malaysia

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National Heritage Act 2005 · Updated to 1 Jun 2006 · Chapter 4

38. Care of heritage site

(1)

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

Commissioner may after consultation with the State Authority—

(a)

make arrangements with the owner or occupier for the inspection, maintenance, conservation and preservation of the heritage site;

(b)

purchase or lease the heritage site;

(c)

acquire the heritage site in accordance with the provisions of any written law relating to the acquisition of land for a public purpose; or

(d)

remove the whole or any part of a building or monument on the heritage site.

(2)

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.

(3)

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.

(4)

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.

(5)

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

Terms defined in 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
heritage site
Defined · s 2
“heritage site” means a site designated as a heritage site under section 24;
Open s 2
Minister
Defined · s 2
“Minister” means the Minister charged with the responsibility for heritage;
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
occupier
Defined · s 2
“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;
Open s 2
owner
Defined · s 2
“owner”, in relation to any land, means the registered owner or the holder by customary tenure of the land; National Heritage 15
Open s 2
preservation
Defined · s 2
“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— (a) techniques of arresting or slowing the process of deterioration, decay or state of dilapidation of an item or structure; (b) improvement of structural conditions to make a structure safe, habitable, or otherwise useful; and (c) normal maintenance and minor repairs that do not change or adversely affect the fabric or historic appearance of a structure;
Open s 2
site
Defined · s 2
“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;
Open s 2

Report

Read on from s 39

Chapter 5

Read on from Chapter 5

Part VIII

Heritage Object

Read on from Part VIII

Part IX

Underwater Cultural Heritage

Read on from Part IX

Part X

National Heritage

Read on from Part X

Part XI

Treasure Trove

Read on from Part XI

Part XII

Licensing

Read on from Part XII

Part XIII

Appeal

Read on from Part XIII

Part XIV

Read on from Part XIV

Part XV

Offences

Read on from Part XV

Part XVI

Miscellaneous

Read on from Part XVI

Part XVII

Repeal and Saving Provisions

Read on from Part XVII