Malaysia legislation
Section 67
Section 67
(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.
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(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.
Nomination as National Heritage