In forceUpdated to 1 Jun 2006Read it in Bahasa Malaysia

Contents

National Heritage Act 2005 · Updated to 1 Jun 2006 · Part X · National Heritage

67. Declaration of National Heritage

(1)

The Minister may, by order published in the Gazette, declare any heritage site, heritage object, underwater cultural heritage listed in the Register or any living person as a National

Heritage.

National Heritage 47

(2)

In making a declaration under subsection (1) the Minister may consider—

(a)

the historical importance, association with or relationship to Malaysian history;

(b)

the good design or aesthetic characteristics;

(c)

the scientific or technical innovations or achievements;

(d)

the social or cultural associations;

(e)

the potential to educate, illustrate or provide further scientific investigation in relation to Malaysian cultural heritage;

(f)

the importance in exhibiting a richness, diversity or unusual integration of features;

(g)

the rarity or uniqueness of the natural heritage, tangible or intangible cultural heritage or underwater cultural heritage;

(h)

the representative nature of a site or object as part of a class or type of a site or object; and

(i)

any other matter which is relevant to the determination of cultural heritage significance.

(3)

Where the site, object or underwater cultural heritage is situated on State land, the Minister shall consult the State Authority before making any declaration under subsection (1).

(4)

Where the site, object or underwater cultural heritage is on an alienated land or belongs to any person other than the Federal

Government or a State Government, the owner, custodian or trustee of that site, immovable object or underwater cultural heritage shall be notified at least thirty days prior to the date of the proposed declaration.

(5)

Where the declaration under subsection (1) involves an intangible cultural heritage and copyright still subsists in such works, the consent of the copyright owner shall be obtained before any declaration is made.

(6)

Where the declaration under subsection (1) involves a living person, the consent of that person shall be obtained before any declaration is made.

(7)

A copy of the order shall be served on the owner, custodian or trustee of the site, object or underwater cultural property or on the living person.

(8)

Any person who objects to the making of the declaration under subsection (1) may submit an objection in writing to the

Minister within three months of its publication and may apply to the Minister for the revocation of the order.

(9)

The Minister may, after having been advised by the Council, revoke or refuse to revoke the order and such decision shall be final.

Terms defined in s 2

Council
Defined · s 2
“Council” means the National Heritage Council established under section 8;
Open s 2
cultural heritage
Defined · s 2
“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;
Open s 2
cultural heritage significance
Defined · s 2
“cultural heritage significance” means cultural heritage having aesthetic, archaeological, architectural, cultural, historical, scientific, social, spiritual, linguistic or technological value; National Heritage 17
Open s 2
heritage object
Defined · s 2
“heritage object” means an object declared under section 49 or registered under section 51 as a heritage object;
Open s 2
heritage site
Defined · s 2
“heritage site” means a site designated as a heritage site under section 24;
Open s 2
intangible cultural heritage
Defined · s 2
“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;
Open s 2
Minister
Defined · s 2
“Minister” means the Minister charged with the responsibility for heritage;
Open s 2
National Heritage
Defined · s 2
“National Heritage” means any heritage site, heritage object, underwater cultural heritage or any living person declared as a National Heritage under section 67;
Open s 2
natural heritage
Defined · s 2
“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;
Open s 2
object
Defined · s 2
“object” includes any moveable antiquity, tangible cultural heritage, intangible cultural heritage and historical object but excluding treasure trove;
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
Register
Defined · s 2
“Register” means the National Heritage Register established and maintained under section 23 containing a list of heritage items;
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
underwater cultural heritage
Defined · s 2
“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— (a) sites, structures, buildings, artefacts and human remains, together with their archaeological and natural context; (b) vessels, aircraft, other vehicles or any part thereof, their cargo or other contents, together with their archaeological and natural context; and (c) objects of prehistoric character;
Open s 2

Report

Read on from s 68

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