Section 55
of State Heritage Enactment 2017
Section 55
(1)
The Minister may, in consultation with the Council, by order published in the Gazette, declare any heritage site, heritage object or any living person as a State
Heritage.2
(2)
In making a declaration under subsection (1) the Minister may consider the following matters:
(a)
the historical importance, association with or relationship to
Sabah history;
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(b)
the design or aesthetic characteristic;
(c)
the innovation or scientific or technical achievements;
(d)
the social or cultural association;
(e)
the potential to educate, illustrate or provide further scientific investigations in relation to Sabah 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; and
(h)
any other matter which is relevant to the determination of cultural heritage significance
(3)
Where the site or immovable object is on alienated land or belongs to any person other than the Government, the owner, custodian or trustee of that site or immovable object shall be notified at least thirty days prior to the date of the proposed declaration.
(4)
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.
(5)
Where the declaration under subsection (1) involves a living person, the consent of that person shall be obtained before any declaration is made.
(6)
A copy of the order shall be served on the owner, custodian or trustee of the site, object or on the living person.
(7)
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.
(8)
The Minister may, after having been advised by the Council, revoke or refuse to revoke the order and such decision shall be final.
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