National Heritage Act 2005 · Updated to 1 Jun 2006 · Part XII · Licensing
83. Licence to export
Feedback & supportNo person shall export any heritage item unless a licence to export has been obtained from the Commissioner.
heritage item
“heritage item” means any National Heritage, heritage site, heritage object or underwater cultural heritage listed in the Register;
The Commissioner shall not issue such a licence if in his opinion the heritage item concerned is reasonably believed to be of national importance or interest.
Commissioner
“Commissioner” means the Commissioner of Heritage appointed under section 4;
In an application for a licence to export any heritage item, the applicant shall submit the description, declare the value and furnish such relevant particulars which the Commissioner may require and shall, if so required, deposit such heritage item with the Commissioner for inspection.
No licence shall be issued to any person unless he proves to the satisfaction of the Commissioner that he is the owner of such heritage item or that he is acting on behalf of and with the authority of the owner.
owner
“owner”, in relation to any land, means the registered owner or the holder by customary tenure of the land; National Heritage 15
Where an enforcement officer or a proper officer of customs has any reason to believe that an object or material which is to be exported is a heritage item and without having a valid export licence, he shall detain such object or material and immediately notify the Commissioner within twenty-four hours for the determination of such object or material.
enforcement officer
“enforcement officer” means any officer appointed by the Minister under section 97;
If the Commissioner is satisfied that the object or material is a heritage item and is or will be of national importance or interest, he may prohibit the export thereof.
object
“object” includes any moveable antiquity, tangible cultural heritage, intangible cultural heritage and historical object but excluding treasure trove;
Any person who contravenes the provisions of subsection (1) commits an offence and shall on conviction be liable to imprisonment for a term not exceeding ten years or to a fine not exceeding one hundred thousand ringgit or to both.
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