Malaysia legislation

Section 48

of NATIONAL HERITAGE ACT 2005

Section 48

(2)

A competent heritage valuer may be appointed by the

Commissioner to decide on the value of the object for the purposes of ascertaining the amount of compensation, and the decision of the competent heritage valuer shall be final.

(3)

Every object which before the date of the coming into operation of this Act is not owned by any person or the control of which is not vested in any person as a trustee or manager, shall be deemed to be the absolute property of the Federal Government.

(4)

All undiscovered objects whether lying on or hidden beneath the surface of the ground or in any river or in the sea, shall be

National Heritage 39

deemed to be the absolute property of the Federal Government but if the said object is at a later date found to be discovered on or in an alienated land the provisions of subsections (1) and (2) shall apply.

(5)

In any legal proceedings relating to the date of discovery of an object of cultural heritage significance, it shall be presumed until the contrary is proved that it was discovered after the date of the coming into operation of this Act.

Declaration as heritage object by Commissioner