Malaysia legislation

Section 38

of NATIONAL HERITAGE ACT 2005

Section 38

(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;

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(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.

Inspection of heritage site