Section 3

any archaeological deposit; or

any artefact, remains or material evidence associated with an archaeological deposit, in any part of Sabah and is fifty or more years old;

“archaeological reserve” means an area in which archaeological relics are situated;

“building” means a building or groups of separate or connected buildings which, because of their architecture, their homogeneity or their place in the landscape, are of outstanding universal value from the point of view of history, art or science;

“conservation” includes maintenance, preservation, restoration, reconstruction, rehabilitation and adaptation or any combination;

“conveyance” means any vehicle, vessel, ship, aircraft or any other mode of transportation whether by air, sea or land;

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“Council” means the State Heritage Council established under section 7;

“cultural heritage” includes tangible or intangible form of cultural property, structure or artefact and may include a heritage matter, object, item, artefact, fabric, formation structure, performance, dance, song or music that is pertinent to the historical or contemporary way of life of the community of Sabah, on or in land or in the sea of tangible form but excluding natural heritage;

“cultural heritage significance” means cultural heritage having aesthetic, archaeological, architectural, historical, cultural, scientific, social, environmental, spiritual, linguistic or technological value or any other value;

“Director” means the Director of the Sabah Museum;

“enforcement office” means any officer appointed by the Director under section

64;

“Fund” means the State Heritage Fund established under section 19;

“Government” means the Government of the State of Sabah;

“heritage” imports the generic meaning of a State Heritage, sites and object whether listed or not in the Register;

“heritage item” means any State Heritage, heritage site and heritage object listed in the Register;

“heritage object” means and object declared under section 43 or registered under section 45 as a heritage object;

“heritage site” means a site designated as a heritage site under section 22;

“historical object” means any artefact or other object to which religious, traditional, artistic or historic interest is attached and includes any –

ethnographic material such as a household or agricultural implement, decorative article or personal ornament;

work of art such as carving, sculpture, painting, architecture, textile, musical instrument, weapon and any other handicraft;

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manuscript, coin, currency note, medal, badge insignia, coat of arm, crest flag, arm or armour; or

vehicle, ship and boat, in part or in whole, whose production has been ceased;

“historical site’ has the meaning assigned to it in section 2 of the Antiquities and

Treasure Trove Enactment 1977 [No. 11 of 1977];

“intangible cultural heritage” includes any form of knowledge, 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, traditional customs and culture, handicrafts architectural skills, that may have existed or exist in relation to the heritage of Sabah community;

“member” includes the Chairman;

“Minister” means the Minister charge with the responsibility for cultural heritage;

“monument” means architectural works, works of monumental sculpture and painting, elements or structures of an archaeological nature, inscriptions, cave dwellings and combinations of features, which are of outstanding universal value from the point of view of history, art or science;

“natural heritage” includes natural features of any are 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 form the point of view of nature, science, history conservation or natural beauty including flora and fauna;

“object” includes antiquity, tangible cultural heritage, intangible cultural heritage and historical object;

“occupier” means any person in actual possession, management or control of any movable or immovable property;

“owner”, in relation to any land, means the registered owner;

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“premises” includes any hut, structure, house, building, conveyance and land whether or not enclosed or built upon;

“preservation” means aiming to halt further deterioration, decay or a state of dilapidation and providing structural safety and well being but does not contemplate significant rebuilding and includes –

techniques of arresting or slowing the process of deterioration, decay or state of dilapidation of an item or structure;

improvement of structural conditions to make a structure safe, habitable, or otherwise useful; and

normal maintenance and minor repairs that do not change or adversely affect the fabric or historic appearance of a structure;

“reconstruction” means the process of accurately reproducing by new construction, the form and detail of a vanished structure, or part of it, as it appeared at some period in time and includes full or partial reconstruction;

“Register” means the State Heritage Register established and maintained under section 21 containing lists of heritage items;

“rehabilitation” means the process of returning a property to a state of utility through repair or alteration, which makes possible an efficient contemporary use while preserving those portions and features of the property which are significant to its historic architecture;

“restoration” means the process of accurately recovering the form and details of a structure or part of a structure and its setting, as it appeared at some period in time, by removing the latter work and replacing the missing original work, and includes –

full restoration which involves both exterior and interior;

partial restoration which involves the exterior, interior, or any partial combination and is adopted when only parts of a structure are important in illustrating cultural values at its level of

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historic significance, or contribute to the values for which the area was designated; and

adaptive restoration which involves all or a portion of the exterior restoration with the interior adapted to a modern functional use;

“site” includes any area, place, zone, historical site, natural heritage, monument or building attached to land, archaeological reserve and any land with building, garden, tree or archaeological reserve;

“State Heritage” means any heritage site, heritage object or any living person declared as State Heritage under section 55;

“tangible cultural heritage” includes area, building and monument;

“zone” means an area or part of an area for the purpose of preservation and restoration in respect of rural and urban landscapes whether natural or man-made, which embraces any cultural heritage significance.