Malaysia legislation
Section 75
Section 75
(2)
(a)
The Minister may confirm, reverse or vary the decision appealed against and, in confirming, reversing or varying the decision, may impose such terms or conditions as he deems just or necessary.
(b)
Where the appeal is against the Director’s decision under Part III and where the Minister is satisfied that the building or site is of heritage significance, he shall with regard to the decision of the Director under Part III, direct the Director to—
(i)
declare the building or site as a historical monument or historical site or heritage site respectively;
and
(ii)
enter the historical monument or historical site or heritage site in the Register.
(3)
As soon as possible after the decision in subsection (1), the
Director shall notify—
51
(a)
the owner and, if the owner is not the occupier, the occupier of the building or site;
(b)
the local authority having jurisdiction over that building or site;
(c)
the Director of Lands and Surveys;
(d)
the State Planning Authority, by an order in writing that the building shall not be demolished, dismantled, altered, defaced or interfered with, except in accordance with a permit granted by the Director under section 36.
(4)
The order issued under this section shall bind all subsequent owners or occupiers of the land upon which the building is situated and shall have the effect of a special condition of title.
(5)
In addition to subsection (3), as soon as possible after the decision in subsection (2)(b), the Director shall cause to be published in the Gazette—
(a)
a notice that the building or site has been declared as a building or site accordingly; and
(b)
any other matters constituting or relating to the historical monument or historical site or heritage site which in his opinion is desirable to be published.
(6)
Where the Minister makes a decision not to proceed with the proposed preservation of a building or site, the Director shall immediately notify the owner of the building or site, the local authority having jurisdiction over that building or site, the Director of
Lands and Surveys, and the State Planning Authority in writing of such decision, with or without assigning any reason.
(7)
The grounds of such appeal shall be concisely stated in writing and shall be delivered to the Minister who shall determine the matter in the absence of and without further reference to the Director.
(8)
The decision of the Minister under this section shall be final.
(9)
Where the decision is reversed or varied, the particulars of the reversal or variation shall be entered in the Register.
Protection of officers and persons acting under direction, etc.