National Heritage

LAWS OF MALAYSIA
REPRINT

Act 645

NATIONAL HERITAGE ACT 2005

Incorporating all amendments up to 1 June 2006

PUBLISHED BY
THE COMMISSIONER OF LAW REVISION, MALAYSIA
UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968
IN COLLABORATION WITH
PERCETAKAN NASIONAL MALAYSIA BHD
2006

ACT 645

Laws of Malaysia

NATIONAL HERITAGE ACT 2005

Date of Royal Assent

... ... ...

30 December 2005

Date of publication in the Gazette

31 December 2005

National Heritage
LAWS OF MALAYSIA
Act 645
NATIONAL HERITAGE ACT 2005

ARRANGEMENT OF SECTIONS

PART I
PRELIMINARY
Section

1.

Short title and commencement

2.

Interpretation
PART II
CONSERVATION AND PRESERVATION OF HERITAGE

3.

Policy in relation to conservation and preservation of heritage

PART III
ADMINISTRATION OF THE ACT

4.

Appointment of Commissioner of Heritage

5.

Appointment of officers

6.

Functions of the Commissioner

7.

Powers of the Commissioner

PART IV
NATIONAL HERITAGE COUNCIL

8.

Establishment of National Heritage Council

9.

Functions of Council

10.

Membership of Council

Laws of Malaysia

Section

11.

Secretary

12.

Tenure of office

13.

Revocation of appointment and resignation of members

14.

Vacation of office

15.

Filling of vacancies

16.

Meetings of Council

17.

Procedure of meetings

18.

Committees

19.

Remuneration or allowance
PART V
HERITAGE FUND

20.

Establishment of the Fund

21.

Expenditure to be charged on the Fund

22.

Accounts and audit

PART VI
NATIONAL HERITAGE REGISTER

23.

National Heritage Register

PART VII
HERITAGE SITE
Chapter 1
Designation of heritage site

24.

Designation of heritage site

25.

Adjacent and nearby site

26.

Inspection of site

27.

Notice to owner, etc.

28.

Objection

29.

Hearing

30.

Consent of the State Authority

ACT 645

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Section

31.

Decision of the Commissioner

32.

Notice to local planning authority

Chapter 2
Interim Protection Order

33.

Commissioner may make Interim Protection Order

34.

Period of Interim Protection Order

35.

Works permitted during an Interim Protection Order

Chapter 3
Dealings involving heritage site

36.

Notice of intention to sell heritage site

37.

Change of owner of a heritage site

Chapter 4
Conservation and preservation of heritage site

38.

Care of heritage site

39.

Inspection of heritage site

40.

Application for planning permission for heritage site

41.

Monument Preservation Order

42.

Duty to keep heritage site in good repair

43.

Financing conservation work

44.

Power to impose entry fee

Chapter 5
Conservation area and conservation management plan

45.

Conservation area

46.

Conservation management plan

PART VIII
HERITAGE OBJECT
Chapter 1
Discovery of object

47.

Discovery of object

48.

Proprietary right in the object

Laws of Malaysia

ACT 645

Section

49.

Declaration as heritage object by Commissioner

Chapter 2
Application for registration

50.

Application for registration of heritage object

51.

Approval or refusal of application for registration

52.

Certificate of registration
Chapter 3
Management of heritage object

53.

Compensation for certain heritage object

54.

Apportionment of share of heritage object

55.

Dispute as to compensation or apportionment

56.

Sale or disposal of heritage object

57.

Notice of intention to sell or transfer a heritage object

58.

Change of owner of a heritage object

59.

Conservation of heritage object

60.

Conservation of intangible cultural heritage

PART IX
UNDERWATER CULTURAL HERITAGE

61.

Discovery of underwater cultural heritage

62.

Possession, custody or control of moveable underwater cultural heritage

63.

Declaration of underwater cultural heritage

64.

Protected zone

65.

Salvage and excavation works to be licensed

66.

Ownership of underwater cultural heritage found during survey, salvage

and excavation
PART X
NATIONAL HERITAGE

67.

Declaration of National Heritage

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Section

68.

Nomination as National Heritage

69.

Ownership and possession of National Heritage

70.

Change in the ownership of National Heritage

71.

Listing of the National Heritage in the Register

72.

Conservation and preservation of National Heritage

PART XI
TREASURE TROVE

73.

Uniformity of law with respect to treasure trove

74.

Notice of discovery of treasure trove

75.

Notification for enquiry

76.

Time to be allowed for suit by claimant

77.

When treasure trove may be declared ownerless

78.

When treasure trove vests in State Government

79.

Disposal of treasure trove

80.

Power of the Commissioner to inspect any treasure trove

81.

Offence

82.

Forfeiture of claim to and interest in treasure trove

PART XII
LICENSING
Chapter 1
Export and import of heritage item

83.

Licence to export

84.

Importation of foreign heritage item

85.

Minister may prescribe the necessary procedure

Chapter 2
Licence to excavate

86.

Excavation of heritage object

87.

Application for licence to excavate

88.

Approval or refusal of licence to excavate

Laws of Malaysia

ACT 645

Section

89.

Terms and conditions of licence

90.

Extension and revocation of licence

Chapter 3
Registration of dealer of heritage item

91.

Registered dealer of heritage item

92.

Information of stolen heritage item

93.

Reports of sale or purchase of heritage item

94.

Enforcement officer may enter and search registered dealers business

premise, etc.

95.

Delivery to owner
PART XIII
APPEAL

96.

Appeal
PART XIV

POWERS RELATING TO ENFORCEMENT, SEIZURE, ARREST, ETC.

97.

Appointment of enforcement officers

98.

Power to investigate

99.

Authority card

100.

Search and seizure with warrant

101.

Search and seizure without warrant

102.

Search of persons

103.

Seizure of thing, etc.

104.

Notice of seizure

105.

Power of arrest

106.

Obstruction of search, etc.

107.

Power to require attendance of persons acquainted with case

108.

Examination of persons acquainted with case

109.

Admissibility of statements by accused persons

110.

Forfeiture of things, etc., seized

111.

No costs or damages arising from seizure to be recoverable

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PART XV
OFFENCES
Section

112.

Offences in respect of heritage site

113.

Offences in respect of heritage object

114.

Offences in respect of National Heritage

PART XVI
MISCELLANEOUS

115.

Prosecution

116.

Jurisdiction of Court of First Class Magistrate

117.

Offences committed by body corporate

118.

General penalty

119.

Compounding of offences

120.

Public servants

121.

Immunity from legal action

122.

Public Authorities Protection Act 1948

123.

Delegation of powers

124.

Regulations
PART XVII
REPEAL AND SAVING PROVISION

125.

Repeal and saving

126.

Prevention of anomalies

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LAWS OF MALAYSIA
Act 645
NATIONAL HERITAGE ACT 2005

An Act to provide for the conservation and preservation of National

Heritage, natural heritage, tangible and intangible cultural heritage,
underwater cultural heritage, treasure trove and for related matters.

[1 March 2006; P.U. (B) 53/2006]

ENACTED by the Parliament of Malaysia as follows:

PART I
PRELIMINARY

Short title and commencement

1. (1) This Act may be cited as the National Heritage Act 2005.
(2) This Act comes into operation on a date to be appointed by
the Minister by notification in the Gazette; and the Minister may
appoint different dates for the coming into operation of this Act
to different parts of Malaysia.
Interpretation
2. (1) In this Act, unless the context otherwise requires
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;

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antiquity means
(a) any moveable object which is or is reasonably believed
to be at least fifty years old;
(b) any part of any such object which has at any later date
been added or re-constructed or restored; and
(c) any human, plant or animal remains which is or is
reasonably believed to be at least one hundred years old;
heritage item means any National Heritage, heritage site, heritage
object or underwater cultural heritage listed in the Register;
foreign heritage item means any item designated and protected
as such by a legislation of a foreign country, which is a party to
a treaty on the protection of cultural object or material;
Register means the National Heritage Register established
and maintained under section 23 containing a list of heritage items;
treasure trove means any money, coin, gold, silver, plate,
bullion jewellery, precious stone or any object or article of value
found hidden in, or in anything affixed to, the soil or the bed of
a river or lake or of the sea, the owner of which is unknown or
cannot be found, but does not include any tangible cultural heritage;
area includes works of man or the combined works of nature
and man, and areas including archaeological sites which are of
outstanding universal value from the historical, aesthetic, ethnological
or anthropological point of view;
Fund means the Heritage Fund established under section 20;
customs airport and customs port have the same meaning
assigned to it by the Customs Act 1967 [Act 235];
Council means the National Heritage Council established under
section 8;
safeguarding means the identification, protection, conservation,
restoration, renovation, maintenance, documentation and
revitalization of historic or traditional matter, artefact, area and
their environment;

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Minister means the Minister charged with the responsibility

for 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;
object includes any moveable antiquity, tangible cultural heritage,
intangible cultural heritage and historical object but excluding
treasure trove;
historical object means any artefact or other object to which
religious, traditional, artistic or historic interest is attached and
includes any
(a) ethnographic material such as a household or agricultural
implement, decorative article or personal ornament;
(b) work of art such as a carving, sculpture, painting,
architecture, textile, musical instrument, weapon and any
other handicraft;
(c) manuscript, coin, currency note, medal, badge, insignia,
coat of arm, crest flag, arm or armour; or
(d) vehicle, ship and boat, in part or in whole, whose production
has ceased;
heritage object means an object declared under section 49 or
registered under section 51 as a heritage object;
proper officer of customs has the same meaning assigned to
it by the Customs Act 1967;
port officer has the same meaning assigned to it by the Merchant
Shipping Ordinance 1952 [Ord. No. 70 of 1952];
enforcement officer means any officer appointed by the Minister
under section 97;
conservation management plan means a plan for conservation
prepared under section 46;

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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
(a) full restoration which involves both exterior and interior;
(b) 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 historic significance, or contribute
to the values for which the area was designated; and
(c) adaptive restoration which involves all or a portion of the
exterior restoration with the interior adapted to a modern
functional use;
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;
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
(a) techniques of arresting or slowing the process of
deterioration, decay or state of dilapidation of an item or
structure;
(b) improvement of structural conditions to make a structure
safe, habitable, or otherwise useful; and
(c) normal maintenance and minor repairs that do not change
or adversely affect the fabric or historic appearance of
a structure;
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;
conservation includes preservation, restoration, reconstruction,
rehabilitation and adaptation or any combination;
owner, in relation to any land, means the registered owner or
the holder by customary tenure of the land;

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occupier includes the cultivator or person in actual possession,

management or control of any land, and includes any person having
the possession or control of any moveable property in that premises
or land;
collector means any person who acquires tangible moveable
cultural heritage for purposes other than for sale;
dealer means any person who receives profit from the purchase
and resale of exhibits and includes a registered dealer;
registered dealer means any dealer who is licenced under
section 91;
Malaysian waters means the territorial waters of Malaysia
determined in accordance with the Emergency (Essential Powers)
Ordinance No. 7 of 1969 [P.U. (A) 307A/1969];
Commissioner means the Commissioner of Heritage appointed
under section 4;
local planning authority shall have the same meaning assigned
to it by the Town and Country Planning Act 1976 [Act 172] in
Peninsular Malaysia and the competent planning authority under
the State laws of Sabah and Sarawak;
archaeological relic means
(a) any archaeological deposit; or
(b) any artefact, remains or material evidence associated with
an archaeological deposit,
in any part of Malaysia and is fifty or more years old;
archaeological reserve means an area in which archaeological
relics are situated;
site includes any area, place, zone, natural heritage, monument
or building attached to land, archaeological reserve and any land
with building, garden, tree or archaeological reserve;
heritage site means a site designated as a heritage site under
section 24;

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heritage imports the generic meaning of a National Heritage,

sites, objects and underwater cultural heritage whether listed or
not in the Register;
National Heritage means any heritage site, heritage object,
underwater cultural heritage or any living person declared as a
National Heritage under section 67;
cultural heritage includes tangible or intangible form of cultural
property, structure or artefact and may include a heritage matter,
object, item, artefact, formation structure, performance, dance,
song, music that is pertinent to the historical or contemporary way
of life of Malaysians, on or in land or underwater cultural heritage
of tangible form but excluding natural heritage;
underwater cultural heritage means all traces of human existence
having a cultural, historical or archaeological character which
have been partially or totally under water, periodically or
continuously, for at least one hundred years such as
(a) sites, structures, buildings, artefacts and human remains,
together with their archaeological and natural context;
(b) vessels, aircraft, other vehicles or any part thereof, their
cargo or other contents, together with their archaeological
and natural context; and
(c) objects of prehistoric character;
tangible cultural heritage includes area, monument and
building;
intangible cultural heritage includes any form of 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, that may have
existed or exist in relation to the heritage of Malaysia or any part
of Malaysia or in relation to the heritage of a Malaysian community;
cultural heritage significance means cultural heritage having
aesthetic, archaeological, architectural, cultural, historical, scientific,
social, spiritual, linguistic or technological value;

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natural heritage includes natural features of any area in Malaysia

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 from the point of view of nature, science,
history conservation or natural beauty including flora and fauna
of Malaysia;
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.
(2) In this Act, references to the State Authority in relation to
the Federal Territory of Kuala Lumpur, the Federal Territory of
Labuan and the Federal Territory of Putrajaya shall be construed
as references to the Minister responsible for the Federal Territory
of Kuala Lumpur, the Federal Territory of Labuan and the Federal
Territory of Putrajaya.
(3) For the purposes of this Act, the following shall not be
considered as underwater cultural heritage:
(a) pipelines and cables placed on the seabed; and
(b) installations other than pipelines and cables, placed on
the seabed.
PART II
CONSERVATION AND PRESERVATION OF HERITAGE

Policy in relation to conservation and preservation of heritage

3. (1) Subject to subsection (2), the Minister shall be responsible
for providing or issuing policies, statements or directives in respect
of any matter, business, strategy or conduct on the conservation
and preservation of heritage.
(2) The Minister shall not provide or issue any policies, statements
or directives under subsection (1) where the matter, business,
strategy or conduct on the conservation and preservation of heritage
concerns the power or jurisdiction of a State unless the relevant
State Authority has been consulted.

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PART III
ADMINISTRATION OF THE ACT

Appointment of Commissioner of Heritage

4. (1) There shall be appointed by the Minister, an officer to be
known as the Commissioner of Heritage for the purpose of
carrying out the powers and functions assigned to the Commissioner
under this Act.
(2) The appointment of the Commissioner shall be published in
the Gazette.
(3) The Commissioner appointed under subsection (1) shall be
a body corporate having perpetual succession and a common seal.
(4) The Commissioner may sue and be sued in its name.
(5) The officer appointed to be the Commissioner shall hold
office for a period of not more than three years and shall be
eligible for reappointment.
Appointment of officers
5. (1) The Minister may, from time to time, appoint such number
of Deputy Commissioners, Assistant Commissioners, authorized
officers and such other officers as are necessary to assist the
Commissioner in the performance of his functions and the exercise
of his powers under this Act.
(2) All officers appointed under subsection (1) shall be subject
to the supervision, direction and control of the Commissioner.
Functions of the Commissioner
6. The functions of the Commissioner are as follows:
(a) to determine the designation of sites, registration of objects
and underwater cultural heritage;
(b) to establish and maintain the Register and to determine
and specify the categories of heritage to be listed in the
Register;
(c) to supervise and oversee the conservation, preservation,
restoration, maintenance, promotion, exhibition and
accessibility of heritage;

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(d) to promote and facilitate any research relating to heritage;

(e) to authorise, monitor and supervise excavations for heritage
purposes;
(f) to maintain documents relating to any excavation,
exploration, finding or search for heritage;
(g) to establish and maintain liaison and co-operation with
the State Authority in respect of conservation and
preservation of heritage matters;
(h) to advise and co-ordinate with the local planning authority,
the Council and other bodies and entities at all levels for
the purpose of safeguarding, promoting and dealing with
any heritage;
(i) to promote and regulate that best standards and practices
are applied in the conservation and preservation of heritage;
(j) to advise the Minister with regard to any matter in respect
of conservation and preservation of heritage;
(k) to perform such other functions under this Act as the
Minister may assign from time to time; and
(l) to do all such things as may be incidental to or consequential
upon the discharge of his powers and functions.

Powers of the Commissioner

7. Subject to and for the purpose of this Act, the powers of the
Commissioner are as follows:
(a) to enter into contracts;
(b) to acquire, purchase, take, hold and enjoy movable and
immovable property of every description;
(c) to convey, assign, surrender, yield up, charge, mortgage,
demise, reassign, transfer, or otherwise dispose of, or
deal with any movable or immovable property and any
interest in any movable or immovable property, vested
in the Commissioner; and

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(d) to do all things reasonably necessary for the performance

of its duties under this Act.
PART IV
NATIONAL HERITAGE COUNCIL

Establishment of National Heritage Council

8. There shall be established a National Heritage Council.
Functions of Council
9. (1) The functions of the Council shall be
(a) to advice the Minister and the Commissioner on all matters
relating to heritage, and the due administration and
enforcement of laws relating to heritage; and
(b) to advice the Minister and the Commissioner on any
matter referred to it by the Minister or the Commissioner.
(2) The Minister and the Commissioner shall not be bound to
act upon the advice of the Council.
Membership of Council
10. (1) The Council shall consist of the following members:
(a) a Chairman, to be appointed by the Minister;
(b) the Secretary General of the Ministry of Culture, Arts
and Heritage or his representative;
(c) the Secretary General of the Ministry of Tourism or his
representative;
(d) the Director General of Town and Country Planning or
his representative;
(e) the Director General of the Museums and Antiquity
Department or his representative;
(f) the Commissioner; and

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(g) not more than six other members, at least one of whom
shall be a public officer who possess experience or expertise
in relation to the management, conservation or preservation
of sites and objects of natural or cultural heritage
significance, to be appointed by the Minister.
(2) The Minister may appoint any member of the Council to
perform the functions of the Chairman
(a) if for any substantial period the Chairman is unable, by
reason of illness, leave of absence or any other cause, to
perform his functions; or
(b) during any period of vacancy in the office of the Chairman.
(3) A member appointed as the Chairman under subsection (2)
shall, during the period in which he is performing the functions
of the Chairman under this section, be deemed to be the Chairman.
Secretary
11. There shall be a secretary to the Council who shall be appointed
by the Commissioner.
Tenure of office
12. Subject to section 13, a member appointed under paragraph
10(a) or (g) shall, unless he sooner resigns or his appointment is
sooner revoked, hold office for such period not exceeding three
years as the Minister may determine at the time of his appointment
and shall be eligible for reappointment.
Revocation of appointment and resignation of members
13. (1) The appointment of members under paragraph 10(a)
or (g) may at any time be revoked by the Minister.
(2) A member appointed under paragraph 10(a) or (g) may at
any time resign his office by giving fourteen days written notice
addressed to the Minister.

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Vacation of office
14. The office of a member appointed under paragraph 10(a)
or (g) shall be vacated if
(a) he dies;
(b) there has been proved against him, or he has been convicted
of, a charge in respect of
(i) an offence involving fraud, dishonesty or moral
turpitude;
(ii) an offence under any law relating to corruption;
or
(iii) any other offence punishable with imprisonment
(in itself only or in addition to or in lieu of a fine)
for more than two years;
(c) he becomes bankrupt;
(d) he is of unsound mind or is otherwise incapable of
discharging his duties;
(e) he absents himself from three consecutive meetings of
the Council without leave of the Chairman and in the
case of the Chairman without leave of the Minister;
(f) his resignation is accepted by the Minister; or
(g) his appointment is revoked by the Minister.
Filling of vacancies
15. Where a member appointed under paragraph 10(a) or (g)
ceases to be a member of the Council, the Minister may appoint
another person to fill the vacancy for the remainder of the term
for which the vacating member was appointed.
Meetings of Council
16. (1) The Council shall meet as often as may be necessary in
a year for the performance of its functions.

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(2) The Chairman shall preside at all meetings of the

Council.
(3) A meeting of the Council shall be convened by the Chairman
by notice in writing to the other members and the meeting shall
be held at the time and place specified in the notice.
(4) The quorum of the Council shall be five.
(5) The decision of the Council shall be by majority votes, and
where there is an equality of votes, the Chairman shall have the
casting vote.
Procedure of meetings
17. Subject to this Act, the Council shall determine its own procedure
of meetings.
Committees
18. The Council may establish committees consisting of
members of the Council or persons who are not members of
the Council or a combination of both to advise or assist
the Council on such matters concerning its functions as it
may consider necessary in performing its functions under this Act.
Remuneration or allowance
19. Members of the Council or a committee may be paid from the
Fund such remuneration or allowance as the Minister may, after
consultation with the Minister of Finance, determine.
PART V
HERITAGE FUND

Establishment of the Fund

20. (1) For the purposes of this Act, a fund to be known as the
Heritage Fund is established.
(2) The Fund shall be controlled, maintained and operated by
the Commissioner.

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(3) The Fund shall consist of

(a) such sums as may be appropriated by Parliament from
the Consolidated Fund and otherwise for the purpose of
this Act;
(b) all moneys received by way of donations, gifts or grants;
(c) all moneys derived from levy imposed under this Act;
(d) interest received from investment by way of fixed deposit
of moneys standing to the credit of the Fund;
(e) repayment of any loan disbursed under this Act;
(f) all moneys standing to the credit of the Fund that is not
immediately required for the purposes of this Act as may
be approved by the Minister;
(g) all moneys borrowed with the consent of the Minister of
Finance for the purposes of the Fund; and
(h) all other moneys or property which may in any manner
become payable to or vested in the Commissioner in
respect of any matter incidental to its functions, powers
or duties.
Expenditure to be charged on the Fund
21. The Fund may be expended for the following purposes:
(a) payment for the purchase of heritage and conservation
areas in accordance with this Act;
(b) payment of the expenses incurred for
(i) the conservation and preservation of any heritage
and conservation areas whether they are owned
by the Government or otherwise;
(ii) organizing campaigns, research, study, publication
of materials for the protection of heritage and
conservation areas; and
(iii) the conservation and preservation of any heritage
item and activities incidental to it;

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(c) any disbursement of grant or loan under this Act; and

(d) any other payment for the purpose of this Act.
Accounts and audit
22. The Commissioner shall cause proper accounts to be kept and
maintained in respect of the Fund and in compliance with the
provisions of the Statutory Bodies (Accounts and Annual Reports)
Act 1980 [Act 240].
PART VI
NATIONAL HERITAGE REGISTER

National Heritage Register

23. (1) The Commissioner shall establish and maintain a register
known as the National Heritage Register as may be prescribed
containing the lists of heritage items registered under this Act.
(2) The Commissioner shall make the Register available for
public inspection subject to such conditions as he thinks fit.
(3) Any person may on payment of a fee to be prescribed by
the Minister
(a) inspect the Register; and
(b) make a copy of, or take extracts from, the Register.
PART VII
HERITAGE SITE

Chapter 1
Designation of Heritage Site
Designation of heritage site
24. The Commissioner may designate any site which has natural
heritage or cultural heritage significance to be a heritage site.

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Adjacent and nearby site

25. (1) Where a site has no natural heritage or cultural heritage
significance but the Commissioner is satisfied that it should be
designated as a heritage site because of its proximity to and for
the protection and enhancement of another site designated as a
heritage site under section 24, the Commissioner may so designate
such site as a heritage site.
(2) Any designation made under subsection (1) shall be revoked
in the event the designation of that other site is revoked.
Inspection of site
26. (1) The Commissioner may at any time enter upon a site to
inspect, survey, investigate or to carry out any work necessary for
the purpose of determining whether to designate the site as a
heritage site.
(2) The owner or occupier of the site shall be given a notice
in writing of not less than seven days of any proposed entry.
(3) Where any person objects to such entry under subsection (1)
on conscientious or religious grounds, such entry shall not be
effected except with the permission in writing of the State Authority
in which the site is situated.
(4) The Commissioner may enter into any arrangements with
the owner or occupier of the site for any loss or damage suffered
or alleged to have been suffered by the owner or occupier by
reason of such entry under subsection (1).
(5) Any person who obstructs the Commissioner or refuses entry
into any site for inspection, survey, investigation, or to carry out
any work under subsection (1) commits an offence.
Notice to owner, etc.
27. (1) Upon determining to designate a site as a heritage site, the
Commissioner shall, at least sixty days before making the designation,
give a written notice in the form and manner as prescribed by the
Commissioner to the owner of the site of the intention to register
the site as a heritage site.

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(2) As soon as possible after giving notice under subsection (1)

the Commissioner shall
(a) cause to be published in the Gazette and a local
newspaper
(i) a notice of intention to designate the site as a
heritage site; and
(ii) any other matters constituting or relating to the
designation which in his opinion is desirable to
publish; and
(b) file a notice of intention to designate the site as a heritage
site at the land office where the site is situated.
Objection
28. An owner of the site or any other person affected or likely
to be affected by the designation of the site as a heritage site may
make an objection to the designation of the site by serving a notice
of objection on the Commissioner within thirty days from the date
of the publication of the notice under paragraph 27(2)(a).
Hearing
29. Where a notice of objection to the designation of the site is
served in accordance with section 28 the Commissioner shall set
a date, time and place for the hearing of the objection and shall,
at least twenty one days before the date of the hearing serve a
notice of hearing in the form and manner as prescribed by the
Commissioner, upon the objecting party and the owner of the site.
Consent of the State Authority
30. Where the site is situated in a State, the Commissioner shall
obtain the consent of the State Authority of that State before any
designation is made.

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Decision of the Commissioner

31. (1) Where the Commissioner, after hearing the parties, if any,
is satisfied that
(a) the site is of cultural heritage significance; and
(b) the State Authority has given its consent under section
30, he shall
(i) designate the site as a heritage site;
(ii) record the heritage site in the Register; and
(iii) give the owner a written notice of the
Commissioners decision.
(2) A soon as possible after the decision in subsection (1), the
Commissioner shall
(a) cause to be published in the Gazette and a local newspaper
(i) a notice that the site has been designated as a
heritage site; and
(ii) any other matters constituting or relating to the
heritage site which in his opinion is desirable to
publish; and
(b) file a notice in the land office where the heritage site is
situated notifying that the site has been designated as a
heritage site.
(3) Where the Commissioner makes a decision not proceed
with the proposed designation of a site, he shall immediately
notify the owner of the site and the land office where the site is
situated in writing of such decision, with or without assigning any
reason.
Notice to local planning authority
32. The Commissioner shall notify the local planning authority
for the area of the local authority where the heritage site is situated
of the designation of the heritage site so that the local planning

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authority shall take into consideration any matter, policy, strategy

or plan of action pertaining to the interest of the heritage site in
preparing any development plan in that local authority area under
the Town and Country Planning Act 1976 in Peninsular Malaysia
or the relevant State laws in Sabah and Sarawak.
Chapter 2
Interim Protection Order
Commissioner may make Interim Protection Order
33. (1) Upon a notice being served on the owner of a site under
subsection 27(1) the Commissioner may, with the concurrence of
the State Authority, make an Interim Protection Order in relation
to a site if in the opinion of the Commissioner it is necessary to
do so for the purpose of conservation and preservation of the site.
(2) An Interim Protection Order shall contain such conditions
as may be specified by the Commissioner.
(3) The Commissioner shall cause the Interim Protection Order
to be served on the owner of the site.
(4) An Interim Protection Order takes effect upon the service
of the Interim Protection Order.
(5) The Commissioner may at any time revoke an Interim
Protection Order.
(6) Any person who contravenes an Interim Protection Order
commits an offence.
(7) The Commissioner may enter into any arrangements with
the owner or occupier of a site for any loss or damage suffered
or alleged to have been suffered by the owner or occupier by
reason of the Interim Protection Order.
(8) For the purposes of this section, the State Authority shall
mean the Menteri Besar or Chief Minister of a State, as the case
may be.

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Period of Interim Protection Order

34. (1) An Interim Protection Order shall continue to be in force
(a) for a period of ninety days or for such further period as
may be extended by the Commissioner under
subsection (2); or
(b) until
(i) the site is designated as a heritage site;
(ii) the Commissioner makes a decision not to proceed
with the proposed designation of the site; or
(iii) the Commissioner revokes the Interim Protection
Order.
(2) The Commissioner may at any time extend the period during
which an Interim Protection Order continues to remain in force.
(3) A notice of an extension shall be served in the same manner
as the Interim Protection Order is served.

Works permitted during an Interim Protection Order

35. (1) Any person affected by the Interim Protection Order may
apply to the Commissioner to carry out any work or activities on
the site.
(2) Upon receipt of an application the Commissioner may approve
any reasonable work or activities on the site provided that the
proposed work or activities do not reduce or affect the cultural
heritage significance of the site.
(3) An approval under subsection (2) may be subject to such
conditions as the Commissioner may impose.
(4) Any person who fails to comply with conditions imposed
under subsection (2) commits an offence.

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Chapter 3
Dealings involving heritage site
Notice of intention to sell heritage site
36. An owner of a heritage site who enters into an agreement of
sale of the whole or any part of the heritage site, shall notify the
Commissioner in writing in the prescribed form of the information
about the existence of that agreement within twenty-eight days of
the date of the agreement.
Change of owner of a heritage site
37. (1) Any person who purchases or acquires any heritage
site shall within twenty-eight days of the date of the completion
of the purchase or acquisition, notify the Commissioner in writing
of
(a) that persons name and address; and
(b) whether the person intends to occupy the site.
(2) A person who has notified the Commissioner of information
under subsection (1) shall, within twenty-eight days of any change
to the information provided, notify the Commissioner in writing
of the change.
Chapter 4
Conservation and preservation of heritage site
Care of heritage site
38. (1) Where a heritage site is situated on an alienated land, the
Commissioner may after consultation with the State Authority
(a) make arrangements with the owner or occupier for the
inspection, maintenance, conservation and preservation
of the heritage site;
(b) purchase or lease the heritage site;

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(c) acquire the heritage site in accordance with the provisions

of any written law relating to the acquisition of land for
a public purpose; or
(d) remove the whole or any part of a building or monument
on the heritage site.
(2) Where the owner or occupier agrees to such arrangements
under paragraph 1(a), the Commissioner may make a contribution
towards the costs of carrying out any works of repair or conservation
which is deemed necessary.
(3) Where a contribution towards the costs of carrying out the
works is made, such works shall be carried out in accordance with
the direction of the Commissioner.
(4) The Commissioner shall make good any damage done to the
site or to monument by the removal of any monument under paragraph
1(d) and may agree to the payment of any compensation to the
owner of the site.
(5) Any dispute as to the amount of compensation shall be
referred to the Minister whose decision shall be final.
Inspection of heritage site
39. (1) The owner or occupier of a heritage site situated on an
alienated land shall permit the Commissioner or any authorized
officer to enter upon the site to inspect, survey, investigate or to
carry out any work necessary for the conservation, repair, maintenance
and cleanliness as is deemed expedient or necessary.
(2) The owner or occupier shall be given a notice in writing of
not less than seven days of any proposed entry.
(3) Where any person objects to such entry under subsection (1)
on conscientious or religious grounds, such entry shall not be
effected except with the permission in writing of the State Authority
where the heritage site is situated.
(4) The owner or occupier shall be entitled to claim compensation
for any loss or damage suffered or alleged to have been suffered
by him by reason of such entry under subsection (1).

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(5) Any dispute as to the amount of compensation shall be

referred to the Minister whose decision shall be final.
Application for planning permission for heritage site
40. (1) The Commissioner shall coordinate and advise the local
planning authority before any planning permission or development
order is granted involving a heritage site.
(2) Where the local planning authority refers any application by
any person for planning permission or development order to the
Commissioner, such application shall contain
(a) sufficient particulars to identify the monument to which
the application relates, including its layout plan, measured
building plan and photographs of its every angle, including
the exterior and interior of such monument;
(b) such other plans and drawings as are necessary to describe
the work which is the subject of the application;
(c) measures that have been taken to secure the safety of the
heritage site and the neighbouring land; and
(d) such other particulars as may be required by the
Commissioner.
(3) For the purpose of paragraph 2(c), neighbouring land means
(a) any land adjoining within a distance of two hundred
metres from the boundary of the land to which an application
under this section relates;
(b) any land separated from the land to which an application
made under this section relates by any road, lane, drain
or reserved land, the width of which does not exceed
twenty metres and which would be adjoining the land to
which the application relates had they not been separated
by such road, lane, drain or reserved land; or
(c) any land located within a distance of two hundred metres
from the boundary of the land to which an application
under this section relates.

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(4) The Commissioner shall advise the local planning authority

to impose conditions when aprroving planning permission or a
development order involving a heritage site which may include
(a) requiring compliance with any conservation guidelines
and procedures issued by the Minister;
(b) requiring the making good of any damage caused to any
heritage site after the works authorized by the planning
permission or the development order are completed; or
(c) requiring the protection and retention of any specified
feature of the heritage site.
(5) Where the planning permission is approved, the Commissioner
shall liaise, cooperate and coordinate with the local planning authority
to monitor and supervise that the terms and conditions imposed
relating to the conservation of heritage are complied with.
(6) Any person who contravenes any condition imposed under
subsection (4) commits an offence.
Monument Preservation Order
41. (1) Where the Commissioner, with the concurrence of the
State Authority, is satisfied that any monument regarded as suitable
to be registered as a heritage site is in dilapidation or in imminent
danger of demolition, destruction, damage or alteration, the
Commissioner shall serve on the owner of the monument a Monument
Preservation Order pending approval of its registration.
(2) The Monument Preservation Order shall contain such
conditions as may be specified.
(3) A Monument Preservation Order shall come into operation
as soon as it is served on the owner of the monument.
(4) A Monument Preservation Order shall remain in operation
for a period of ninety days from the date it is served and may be
extended by the Commissioner for such period of time as he may
think fit.

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(5) Notwithstanding subsection (4), the Monument Preservation

Order shall cease to be in force
(a) if the monument is designated as a heritage site; or
(b) if the Commissioner has decided not to designate the
monument as a heritage site.
(6) Any person who contravenes the Monument Preservation
Order commits an offence.
Duty to keep heritage site in good repair
42. (1) The owner of a heritage site shall ensure that the heritage
site is always in a state of good repair.
(2) Where the Commissioner is satisfied that reasonable steps
are not being taken for properly preserving the monument, he may
carry out such repair works, after giving any person appearing to
the Commissioner to be the owner of the monument two weeks
notice of his intention to do so, and all costs and expenses reasonably
incurred to carry out the works shall be reimbursed by such person.
Financing conservation work
43. (1) An owner of a heritage site may, for the purpose of carrying
out any conservation and preservation works on the heritage site
apply to the Commissioner for any grant or loan.
(2) The Commissioner may, in consultation with the Council
and the State Authority, make arrangements with the owner of a
heritage site to carry out any conservation and preservation works
as the Commissioner deems appropriate.
(3) The Commissioner may, with the approval of the Council,
issue a grant or loan which is to be disbursed from the Fund for
such conservation and preservation works.
(4) The Commissioner may, when giving the grant or loan,
impose such conditions as he deems appropriate on the owner.

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Power to impose entry fee

44. (1) An owner of a heritage site may, with the approval and
subject to such conditions as the Commissioner may impose, charge
an entrance fee into the heritage site.
(2) Where the Commissioner has contributed towards the expense
of conservation and preservation of any heritage site, the
Commissioner may impose a levy on the entrance fee received by
the owner of that heritage site and any levy paid by such owner
shall be paid into the Fund.
Chapter 5
Conservation area and conservation management plan
Conservation area
45. (1) Where a site is designated as a heritage site, that site shall
on the date of the designation become a conservation area and
shall be conserved and preserved according to a conservation
management plan.
(2) A conservation area may
(a) incorporate a buffer zone around a central core; or
(b) incorporate a buffer zone around a site that has been
designated as a heritage site.
(3) The Minister may, in consultation with the Council, determine
the buffer zone and the central core.
Conservation management plan
46. (1) The Commissioner shall, in consultation with the Council,
prepare a conservation management plan for the purposes of
(a) promoting the conservation, preservation, rehabilitation,
restoration or reconstruction of a heritage site;

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(b) ensuring the proper management of a heritage site including

the use and development of all buildings and lands in the
heritage site and the preservation of the environment
including measures for the improvement of the physical
living environment, communications, socio-economic wellbeing, the management of traffic and the promotion of
economic growth; and
(c) promoting schemes for the education of, or for practical
and financial assistance to, owners and occupiers, and
for community involvement in decision making.
(2) The Commissioner shall from time to time submit such
conservation management plan to the State Authority or the relevant
local planning authority, as the case may be, and advise and coordinate with the State Authority or the local planning authority
for the implementation of the conservation management plan and
its guidelines.
(3) The Commissioner shall from time to time revise any
conservation management plan.

PART VIII
HERITAGE OBJECT

Chapter 1
Discovery of object
Discovery of object
47. (1) Any person who discovers any object which he has reason
to believe has cultural heritage significance shall immediately
notify the Commissioner, any authorized officer or the District
Officer of the district where the object was discovered, and where
practicable, deliver the object to the Commissioner, authorized
officer or the District Officer who shall give a written
acknowledgement thereof.

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(2) Where the District Officer has reason to believe that any
object discovered in his area has cultural heritage significance, he
may by notice in writing require the person having possession of
it to deliver the object immediately to him, and the District Officer
on receiving such object shall give a written acknowledgement and
shall keep safely the said object.
(3) A District Officer shall communicate the notification under
subsection (1) or the written notice under subsection (2) to the
Commissioner as soon as practicable.
(4) Any agent, contractor or executor of a Federal Government,
State Government or an owner of an alienated land who discovers
at the project site any object which he has reason to believe that
the object has cultural heritage significance, such agent, contractor
or executor shall report to the Commissioner who shall immediately
inspect the object.
(5) Any person who contravenes subsection (1) or (4) commits
an offence and shall on conviction be liable to a fine not exceeding
fifty thousand ringgit or to imprisonment for a term not exceeding
five years or to both.
Proprietary right in the object
48. (1) Any object discovered after the date of the coming into
operation of this Act shall be the absolute property of the Federal
Government provided that where the object is discovered on an
alienated land, compensation may be paid to the owner of the
land.
(2) A competent heritage valuer may be appointed by the
Commissioner to decide on the value of the object for the purposes
of ascertaining the amount of compensation, and the decision of
the competent heritage valuer shall be final.
(3) Every object which before the date of the coming into operation
of this Act is not owned by any person or the control of which
is not vested in any person as a trustee or manager, shall be
deemed to be the absolute property of the Federal Government.
(4) All undiscovered objects whether lying on or hidden beneath
the surface of the ground or in any river or in the sea, shall be

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deemed to be the absolute property of the Federal Government but

if the said object is at a later date found to be discovered on or
in an alienated land the provisions of subsections (1) and (2) shall
apply.
(5) In any legal proceedings relating to the date of discovery
of an object of cultural heritage significance, it shall be presumed
until the contrary is proved that it was discovered after the date
of the coming into operation of this Act.
Declaration as heritage object by Commissioner
49. (1) The Commissioner may declare in the Gazette any object
which has cultural heritage significance to be a heritage object and
shall cause it to be listed in the Register.
(2) Before making the declaration under subsection (1), the
consent of the owner of such object shall be obtained and for that
purpose, the Commissioner may furnish the owner such prior
opportunity for representation or submission in regard to the proposed
declaration as may be practicable in the circumstances and in such
manner as may be prescribed.
(3) The Commissioner may, in the same manner as in
subsection (1), amend or revoke the Gazette and in each case of
such amendment or revocation he shall substantiate his action with
the necessary background and reason.
(4) Upon the object being listed in the Register, the object shall
be a heritage object starting from the date of its registration and
shall cease to be a heritage object when the Commissioner revokes
registration.
Chapter 2
Application for registration
Application for registration of heritage object
50. (1) Any person may apply for an object to be registered as
a heritage object.

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(2) An application for registration shall be in such form and

accompanied by such documents or information as may be prescribed.
(3) The Commissioner may at any time after receiving the
application under subsection (1) and before it is determined, by
a written notice require the applicant to provide such additional
documents or information as the Commissioner deems necessary.
(4) Where any additional document or information required
under subsection (3) is not provided by the applicant within the
time specified in the notice or any extension thereof granted by
the Commissioner, the application shall be deemed to be withdrawn
and shall not be further proceeded with, but without prejudice to
a fresh application being made by the applicant.
(5) An application under this section may be withdrawn at any
time before it is approved or refused.
Approval or refusal of application for registration
51. (1) Where the Commissioner is satisfied that an object is of
cultural heritage significance, he shall register the object as a
heritage object in the Register and give the applicant a written
notice of the Commissioners decision under this section.
(2) Where the application involves an object which is attached
to any alienated land, the concurrence of the State Authority shall
be obtained before the application is approved.
(3) Where the application involves intangible cultural heritage
in which copyright subsists, the consent of the copyright owner
shall be obtained before the application is approved.
(4) An application for registration which is approved under this
section may be subject to such conditions as the Commissioner
may impose.
(5) As soon as possible after the approval in subsection (4), the
Commissioner shall cause to be published in the Gazette a notice
that the object has been registered as a heritage object and on any
other matter constituting or relating to the heritage object which
in his opinion is desirable to publish.

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(6) Where the Commissioner refuses the application, he shall

immediately notify the applicant in writing of the refusal with or
without assigning any reason for the refusal.
Certificate of registration
52. (1) When an object is registered under section 51 the
Commissioner shall issue a certificate of registration to the owner.
(2) Upon the heritage object being ceased to be registered as
a heritage object, the owner of the object must surrender the
certificate of registration to the Commissioner within three months
from the date of such cessation.
Chapter 3
Management of heritage object
Compensation for certain heritage object
53. (1) On the discovery of any object having cultural heritage
significance, the Commissioner shall be entitled to the
custody and possession of the same on behalf of the Federal
Government and shall be responsible for its safeguarding and
safekeeping.
(2) If the Commissioner decides not to retain such object, it
shall be returned to the person who delivered it subject to any
condition that may be imposed by the Commissioner.
(3) When an object is retained by the Commissioner or where
in the opinion of the Commissioner that object should be safeguarded
at the place where it was found, the Commissioner shall at his
discretion pay a reasonable amount of compensation to
(a) the finder;
(b) the owner of an alienated land in or on which the object
was discovered; or
(c) the informant.

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Apportionment of share of heritage object

54. The Commissioner may enter into a written agreement with
the owner of the heritage object for the apportionment of share of
such object as may be agreed upon by the Commissioner and the
owner.
Dispute as to compensation or apportionment
55. Where there is any dispute regarding the compensation to be
paid for any heritage object or apportionment of share of such
object, such dispute shall be referred to the Minister whose decision
shall be final.
Sale or disposal of heritage object
56. (1) The Commissioner may by notice in writing require any
person in possession of any heritage object which is deemed to be
of a national importance or interest, not to sell or dispose of such
object without prior written consent of the Commissioner.
(2) Any person who receives such notice shall not sell or dispose
of any heritage object in his possession or custody.
(3) Within the period of thirty days from the date of the notice
under subsection (1) the Commissioner shall have the first right
to purchase such heritage object at an agreeable value.
(4) Any person who contravenes subsection (2) commits an
offence and shall on conviction be liable to a fine not exceeding
ten thousand ringgit or to imprisonment for a term not exceeding
one year or to both.
Notice of intention to sell or transfer a heritage object
57. The owner of a heritage object who enters into a contract to
sell or transfer the heritage object shall notify the Commissioner
in writing of the information about the existence of that contract
within twenty-eight days of the date of the contract.

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Change of owner of a heritage object

58. (1) Any person who purchases or acquires a heritage object
shall, within twenty-eight days of the date of the purchase or
acquisition, notify the Commissioner in writing of that purchaser
or acquirers name, particulars and address.
(2) Any change to the information under subsection (1) shall be
notified to the Commissioner in writing within twenty-eight days.
(3) Any person who contravenes subsection (1) or (2) commits
an offence and shall on conviction be liable to a fine not exceeding
ten thousand ringgit or to imprisonment for a term not exceeding
one year or to both.

Conservation of heritage object

59. (1) The owner or custodian of a heritage object shall keep the
heritage property in good condition and in a secure place.
(2) The owner or custodian of a heritage object shall immediately
report to the Commissioner any loss or damage to such heritage
object or any part of it upon discovery of such loss or damage.
(3) Any person who fails to comply subsection (1) or (2) commits
an offence.

Conservation of intangible cultural heritage

60. (1) The owner or custodian of a heritage object in the form
of an intangible cultural heritage shall take all necessary steps to
develop, identify, transmit, cause to be performed and facilitate
the research on the intangible cultural heritage according to the
guidelines and procedures as may be prescribed.
(2) The Commissioner may enter into any arrangements with
the owner or custodian of the intangible cultural heritage for the
compliance with the guidelines and procedures as prescribed.

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PART IX
UNDERWATER CULTURAL HERITAGE

Discovery of underwater cultural heritage

61. (1) Any person who discovers an underwater cultural heritage
in the Malaysian waters shall, as soon as practicable, give notice
of such discovery to the Commissioner or the port officer.
(2) The port officer upon receiving such notice shall as soon as
practicable notify, and where possible deliver the underwater cultural
heritage to, the Commissioner.
(3) The Commissioner may, upon being satisfied that the
underwater cultural heritage has cultural heritage significance,
cause it to be listed in the Register.
(4) Any person who fails to give notice under subsection (1)
commits an offence.
Possession, custody or control of moveable underwater cultural
heritage
62. (1) Where it appears to the Commissioner that a person is in
or may have had possession, custody or control of any moveable
underwater cultural heritage or part of an underwater cultural
heritage the Commissioner may, by notice in writing to the person,
require the person within the specified time in the notice furnish
him with the full information of such moveable underwater cultural
heritage.
(2) Where the person has ceased to have such possession, custody
or control of the moveable underwater cultural heritage, the person
shall give the Commissioner particulars of the circumstances in
which he ceased to have the possession, custody or control of such
moveable underwater cultural heritage.
(3) Where the person has transferred such possession, custody
or control of the moveable underwater cultural heritage to another
person, he shall give to the Commissioner the name and address
of the person to whom such possession, custody or control of such
moveable underwater cultural heritage was transferred.

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(4) Any person who fails to comply with any of the requirements
under this section commits an offence.

Declaration of underwater cultural heritage

63. (1) Where the Commissioner is of the opinion that any
underwater cultural heritage is situated in Malaysian waters is of
cultural heritage significance but less than one hundred years old,
he shall advise the Minister and the Minister may by notice published
in the Gazette declare the site or object to be a underwater cultural
heritage.
(2) Any site or object declared to be an underwater cultural
heritage shall be listed in the Register.

Protected zone
64. (1) The Minister may on the advise of the Commissioner,
declare in the notice published in the Gazette any area within
which an underwater cultural heritage is situated to be a protected
zone.
(2) No person shall carry out any activity in the protected zone
except with approval in writing from the Commissioner.
(3) Any person who contravenes subsection (2) commits an
offence.

Salvage and excavation works to be licensed

65. (1) No person shall carry on any salvage or excavation work
in any Malaysian waters for the purpose of finding any
underwater cultural heritage, except with a licence approved by
the Commissioner.
(2) Any person who contravenes subsection (1) commits an
offence.

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Ownership of underwater cultural heritage found during survey,

salvage or excavation
66. (1) Any underwater cultural heritage discovered during any
survey, salvage or excavation works shall vest in the Commissioner
and shall be listed in the Register.
(2) Where the Commissioner takes possession of any underwater
cultural heritage, he shall within forty-eight hours cause to be
posted a list of the underwater cultural heritage in any port office
within the district where the underwater cultural heritage was
discovered.
(3) Any owner of the underwater cultural heritage may, upon
establishing his claim to the satisfaction of the Commissioner,
within one year from the time at which the underwater cultural
heritage came into the possession of the Commissioner, and upon
paying the salvage fees and expenses due, be entitled to have the
possession of the underwater cultural heritage upon such terms
and conditions as may be imposed by the Commissioner.
(4) An owner who fails to comply with any of the terms and
conditions imposed under subsection (3) commits an offence.
(5) Where no owner establishes a claim within one year, the
underwater cultural heritage shall be the absolute property of the
Federal Government.
(6) Unless otherwise directed by the Minister, the Commissioner
may preserve the underwater cultural heritage in situ.
PART X
NATIONAL HERITAGE

Declaration of National Heritage

67. (1) The Minister may, by order published in the Gazette,
declare any heritage site, heritage object, underwater cultural
heritage listed in the Register or any living person as a National
Heritage.

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(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
68. Any person may nominate to the Minister in the prescribed
form any natural heritage, tangible or intangible cultural heritage,
living person or underwater cultural heritage to be declared as a
National Heritage.
Ownership or possession of National Heritage
69. Any National Heritage which is owned or possessed by a
person other than the Federal Government or the State Government
may remain in the possession of its owner, custodian or trustee.
Change in the ownership of National Heritage
70. (1) There shall be no change in respect of the ownership of
any National Heritage except by
(a) inheritance; or
(b) sale, with the prior approval of the Commissioner.
(2) Where the owner, custodian or trustee intends to sell a
National Heritage, that owner, custodian or trustee shall give priority
to the Commissioner to purchase that National Heritage on an
agreed value or upon the instruction of the Commissioner to deal
with in such manner that the Commissioner deems fit.

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(3) Where there is any dispute between the Commissioner and

the owner as to the reasonable compensation for such National
Heritage, such dispute shall be referred to the Minister whose
decision shall be final.
(4) Where a sale is effected pursuant to paragraph (1)(b) the
owner, custodian or trustee and the purchaser shall inform in
writing to the Commissioner within thirty days after the change
in ownership and the Commissioner shall cause to be made the
necessary amendment in the Register.
Listing of the National Heritage in the Register
71. The Commissioner shall cause to be listed a National Heritage
declared under subsection 67(1) in the Register.
Conservation and preservation of National Heritage
72. (1) The Minister may impose different procedures and guidelines
as may be prescribed for the management, conservation and
preservation of different categories of National Heritage.
(2) The Minister may approve any financial assistance to the
owner, custodian or trustee of a National Heritage for the compliance
with any procedure or guidelines prescribed under subsection (1).
PART XI
TREASURE TROVE

Uniformity of law with respect to treasure trove

73. This Part is made pursuant to Clause 1(b) of Article 76 of the
Federal Constitution for the purpose of promoting uniformity of
the laws of the States of Malaysia relating to treasure trove.
Notice of discovery of treasure trove
74. (1) Any person who discovers any treasure trove shall,
immediately give notice of such discovery to the Commissioner
or District Officer of the district where the treasure trove was
discovered and shall deliver the treasure trove to the District Officer
who shall acknowledge receipt.

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(2) A District Officer receiving a notice under subsection (1)

shall notify the same to the Commissioner where such treasure
trove was discovered.
(3) If the District Officer has reason to believe that any treasure
trove has been discovered in his district and the discovery of the
same has not been notified to him under this Act, he shall by notice
in writing require the finder or suspected finder or the owner or
occupier of the place in which the treasure trove is discovered to
appear personally before him on a day and at a place mentioned
in the notice and deliver to him such treasure trove or suspected
treasure trove so discovered, and the District Officer shall
acknowledge receipt.
Notification for enquiry
75. (1) The District Officer shall cause a notice to the finder or
suspected finder or the owner or occupier of the place in which
the treasure trove is discovered or other person claiming the treasure
trove or any part of it requiring them to appear personally before
the District Officer on a day and at a place mentioned in the notice
for purpose of enquiring to determine
(a) whether any object or article is treasure trove;
(b) the person by whom, the place at which, and the
circumstances under which, such treasure trove was
discovered; and
(c) as far as is possible, the person by whom, and the
circumstances under which, such treasure trove was hidden.
(2) The rights of a person mentioned in subsection (1) over the
treasure trove if they are found to be so are forfeited upon failure
of that person to appear.
Time to be allowed for suit by claimant
76. Where, after an enquiry made under section 75, the District
Officer has reason to believe that the treasure trove was hidden
within fifty years before the date of the discovery by a person
appearing as required by the said notification and claiming such
treasure trove, or by some other person under whom such person

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claims, the District Officer shall make an order adjourning the

hearing of the case for such period as he deems sufficient, to allow
a suit being instituted in a court of competent jurisdiction by the
claimant to establish his right.
When treasure trove may be declared ownerless
77. (1) Where
(a) after such enquiry the District Officer sees no reason to
believe that the treasure trove was so hidden;
(b) a period is fixed under section 76, no suit is instituted
within such period to the knowledge of the District
Officer; or
(c) such suit is instituted within such period and the claimants
claim is finally rejected,
the District Officer may declare the treasure trove to be ownerless.
(2) Any person aggrieved by a declaration made under
subsection (1) may appeal against the declaration within two months
from the date of the declaration to the High Court.
When treasure trove vests in State Government
78. When a declaration has been made in respect of any treasure
trove under section 77, such treasure trove shall vest in and belong
to the State Government.
Disposal of treasure trove
79. The State Authority may in its discretion pay as a reward to
the finder of any treasure trove and to the owner of any land in
which it was discovered such sums at it may think fit.
Power of the Commissioner to inspect any treasure trove
80. (1) The Commissioner or any officer authorized by him in
writing for that purpose may at all reasonable times inspect any
treasure trove in the possession of any person.

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(2) It shall be the duty of every such person to permit such

inspection and to give to the Commissioner or such officer all
reasonable facilities to study such treasure trove and to make
drawings, photographs, prints, squeezes or reproductions by the
making of casts or by any other means.
(3) No such drawings, photographs, prints, squeezes or
reproductions under subsection (2) shall be sold without the consent
of the person in possession of the treasure trove.
Offence
81. Any person who, being the finder of any treasure trove, fails
to report the same or to deliver up the treasure trove or to state
the circumstances of the discovery or the origin of the same, or
wilfully makes a false report of such circumstances or such origin
commits an offence and shall, on conviction, be liable to a fine
not exceeding fifty thousand ringgit or to imprisonment for a term
not exceeding five years or to both.
Forfeiture of claim to and interest in treasure trove
82. (1) Any person who is convicted of any offence under this
Part in respect of any treasure trove shall by virtue of such conviction
be not entitled to all claims to or interests in the same or the value
thereof or any reward in connection with the discovery thereof,
and in any such case the Magistrate may order the treasure trove
to be delivered to the State Secretary on behalf of the State Authority
wherein the same was discovered and in the case of the Federal
Territory of Kuala Lumpur, the Federal Territory of Labuan and
the Federal Territory of Putrajaya to the Minister responsible for
the Federal Territory of Kuala Lumpur, the Federal Territory of
Labuan and the Federal Territory of Putrajaya, and where the
Magistrate makes such order it shall be the duty of any person in
whose possession the treasure trove to deliver it accordingly.
(2) The respective State may order any treasure trove forfeited
under this section to be delivered to the owner or other person
entitled thereto or returned to the finder, as the case may be, upon
such terms and conditions as it may deem fit.

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PART XII
LICENSING

Chapter 1
Export and import of heritage item
Licence to export
83. (1) No person shall export any heritage item unless a licence
to export has been obtained from the Commissioner.
(2) 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.
(3) 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.
(4) 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.
(5) 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.
(6) 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.
(7) 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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Importation of foreign heritage item

84. (1) A person who intends to import any foreign heritage item
shall notify the Commissioner with the documents certifying that
such foreign heritage item was lawfully transported out of a foreign
country.
(2) If there is a valid reason to believe that a foreign heritage
item which is in transit or has already been imported was
unlawfully transported out of a foreign country, the Commissioner
may take possession of it and keep it in custody but before he
executes such act he shall consult the Minister whose decision
shall be final.
(3) Where a foreign heritage item is detained under
subsection (2), the Commissioner shall keep and manage it as he
thinks fit.
(4) Where such foreign heritage item is proven to have been
lawfully transported out of the foreign country, the Commissioner
shall return it to the person importing it without delay.
(5) Where any country has proved that such foreign heritage
item was unlawfully exported and requested it be returned in
accordance with the terms of a treaty, or when the Commissioner
performs the duty of returning it in accordance with a treaty, he
shall, with the help of the competent authorities, take necessary
measures to return it to such country.
Minister may prescribe the necessary procedure
85. Where a foreign heritage item is brought into Malaysia by any
means, the Minister may prescribe the necessary procedure and
methods of safekeeping and may direct the Commissioner accordingly
to comply with such directions.
Chapter 2
Licence to excavate
Excavation of heritage object
86. (1) No person shall excavate any land for the purpose of
discovering an object unless he holds a licence approved by the
Commissioner.

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(2) Any person who contravenes subsection (1) commits an

offence and shall on conviction be liable to imprisonment for a
term not exceeding five years or to a fine not exceeding fifty
thousand ringgit or to both.
Application for licence to excavate
87. An application for a licence to excavate shall
(a) be made to the Commissioner in the prescribed form; and
(b) contain a full and accurate description of the land on
which it is proposed to be carried out, the purpose, nature
and extent of the proposed excavation and such other
particulars as may be required.
Approval or refusal of licence to excavate
88. (1) The Commissioner may in his discretion approve or refuse
any application for a licence to excavate.
(2) No licence under subsection (1) shall be approved unless
the Commissioner is satisfied
(a) that the owner of the land where the proposed excavation
is to be made has consented to the excavation;
(b) that the proposed excavation will not cause any damage
or inconvenience to persons residing in the vicinity of
such land, or to any place used for religious purposes, or
to any cemetery, school, water source or supply, irrigation
or drainage works or public road, or that if any such
damage is likely to be caused adequate provision has
been made by the applicant for the payment of
compensation; and
(c) that the applicant is able to furnish security for the due
observance by him of any conditions imposed on the
licence or any regulations as may be prescribed.
Terms and conditions of licence
89. A licence approved under section 88 shall be valid for such
period as specified in the licence and subject to such conditions
as may be specified in it.

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Extension and revocation of licence

90. (1) Any licence to excavate may, at any time before the expiration
of the period for which it was granted, be extended by the
Commissioner for such further period as he thinks fit.
(2) Any licence to excavate may, at any time before the expiration
of the period for which it was granted, be revoked by the
Commissioner in the event the licence holder is in breach of any
term or condition of the licence or such revocation is necessary
to safeguard the national interest, interest of national security or
for the purpose of any Government policy.
(3) A licence holder shall not be entitled to claim compensation
for any loss or damage suffered or alleged to have been suffered
by him by reason of such revocation under subsection (2).
(4) For the purposes of this section, what constitutes national
interest, interest of national security or Government policy
shall be determined by the Minister on the recommendation of the
Commissioner and such determination shall be final.
(5) No appeal shall lie against the decision of the Minister
under subsection (4).
Chapter 3
Registration of dealer of heritage item
Registered dealer of heritage item
91. (1) No person shall deal in any heritage item unless he is a
registered dealer and holds a certificate of registration approved
by the Commissioner.
(2) Any person who contravenes the provision of subsection (1)
commits an offence and shall on conviction be liable to imprisonment
for a term not exceeding five years or to a fine not exceeding fifty
thousand ringgit or to both.
(3) Any person may apply to be registered as a registered dealer
of cultural heritage to the Commissioner in the prescribed form
and manner.

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(4) The Commissioner may approve or refuse such

application.

Information of stolen heritage item

92. (1) Any information on any stolen or lost of heritage item
which has been received by the police shall be communicated to
the Commissioner.
(2) Upon receiving the information under subsection (1) the
Commissioner shall notify the registered dealers the list and
description of such stolen or lost heritage item.
(3) If any property answering to the list and description is in
the possession of any registered dealer or which has been
offered or shown to any registered dealer, he shall without
any delay give information to that effect at the nearest police
station or to any police officer, with the name and address of the
person from whom he acquired or who offered or showed him the
same.
(4) Any registered dealer who fails to give information required
under subsection (3) commits an offence and shall on conviction
be liable to a fine not exceeding five thousand ringgit or to
imprisonment for a term not exceeding six months or to both.
(5) The registered dealer in such case may detain the
person offering or showing such item to him until the arrival of
the police.
Reports of sale or purchase of heritage item
93. (1) Every registered dealer who deals in heritage item shall,
when so required by order in writing by the Commissioner, in
respect of such period and in such manner as may be specified in
such order, report in writing to the nearest authorized officer full
details of any heritage item which he has bought or sold with the
price paid and the name and address of the vendor or purchaser
thereof, as the case may be.

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(2) Such reports shall be legibly written in the national language

or in English language.
(3) Any registered dealer who, without reasonable excuse, fails
to comply with such order commits an offence and shall on conviction
be liable to a fine not exceeding twenty thousand ringgit or to
imprisonment for a term not exceeding two years or to both.
Enforcement officer may enter and search registered dealers
business premises, etc.
94. Any enforcement officer may enter any registered dealers
business premises at any time and may search without warrant
such premises which he has reason to suspect that any stolen or
lost heritage item is found in the premises.
Delivery to owner
95. (1) If any person is convicted in any court of an offence under
Chapter XVII of the Penal Code [Act 574] in respect of any heritage
item and it appears to the court that the same has been sold to a
registered dealer, the court, on proof of the ownership of the
property, may, if it thinks fit, order, the delivery of that heritage
item to the owner either on payment to the registered dealer of the
amount of the purchase price or any part thereof or without payment
thereof or of any part thereof as the court may deem fit and proper.
(2) The court may also adjourn the proceeding for the
attendance of the registered dealer and may summon the registered
dealer to attend the adjourned hearing for the determination under
subsection (1).
PART XIII
APPEAL

Appeal
96. (1) Any person may, within thirty days from the date of the
notification of the decision of the Commissioner, appeal in writing
to the Minister if that person is aggrieved
(a) by the decision of the Commissioner to designate or
not to designate a site as a heritage site under
section 31;

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(b) by the issuance of an Interim Protection Order under

section 33;
(c) by the issuance of a Monument Preservation Order under
section 41;
(d) by the decision of the Commissioner to approve or refuse
the application to register an object as a heritage object
under section 51; or
(e) by the refusal of the Commissioner to approve any licence
under section 83 or 86 or any registration under
section 91.
(2) 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.
(3) Before making any decision under subsection (2), the Minister
may refer the matter to the Council.
(4) The decision of the Minister under this section shall be
final.
(5) Where the decision is reversed or varied, the particulars of
the reversal or variation shall be entered in the Register.
PART XIV
POWERS RELATING TO ENFORCEMENT, SEIZURE, ARREST,
ETC.

Appointment of enforcement officers

97. The Minister may appoint such number of enforcement officers
as may be necessary for the purposes of this Act and regulations
made under this Act.
Power to investigate
98. An enforcement officer or a police officer shall have the
power to investigate any offence under this Act.

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Authority card
99. (1) There shall be issued to each enforcement officer an authority
card which shall be signed by the Minister.
(2) Whenever an enforcement officer exercises any of the powers
under this Act or any regulations made under this Act, he shall on
demand produce to the person against whom the power is being
exercised the authority card issued to him under subsection (1).
Search and seizure with warrant
100. (1) If it appears to a Magistrate, upon written information
on oath and after such enquiry as he considers necessary, that there
is reasonable cause to believe that
(a) any premises has been used or are about to be used for;
or
(b) there is in any premises evidence necessary to the conduct
of an investigation into,
the commission of an offence under this Act or any regulations
made under this Act, the Magistrate may issue a warrant authorizing
the enforcement officer or police officer named therein, at any
reasonable time by day or by night and with or without assistance,
to enter the premises, if need be by force.
(2) A warrant issued under subsection (1) may authorize the
enforcement officer or police officer to search the premises for,
and to seize and remove from the premises
(a) any object, material, book, document or other thing in
respect of which an offence has or is suspected to have
been committed; and
(b) any object, material, book, document or other thing that
is reasonably believed to furnish evidence of the
commission of the offence.
(3) An enforcement officer or a police officer acting under
subsection (1) or (2) may
(a) break open any outer or inner door of the premises or any
fence, enclosure, gate or other obstruction to the premises,
in order to effect entry into the premises;

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(b) remove by force any obstruction to entry, search, seizure

or removal as he is empowered to effect under subsection
(1) or (2); and
(c) detain every person found in the premises until the search
has been completed.
Search and seizure without warrant
101. Whenever an enforcement officer or a police officer has
reasonable grounds to believe that any object, material, book,
document or other thing in respect of which an offence under this
Act or any regulations made under this Act has been committed
is likely to be found in or on any place, premises, person, vehicle,
vessel or conveyance and that by reason of delay in obtaining a
warrant under section 100 the object of the search is likely to be
frustrated, he may, without warrant, with such assistance and force
as is necessary
(a) enter and search that place or those premises;
(b) stop and search that person, vehicle, vessel or conveyance;
and
(c) seize any object, material, book, document or other thing
which may be found and may be evidence of the commission
of such offence.
Search of persons
102. No person shall be searched except by another person of the
same gender, and such search shall be conducted with strict regard
to decency.
Seizure of thing, etc.
103. Without prejudice to subsection 100(2) and section 101, any
object, material, book, document or other thing that an enforcement
officer or a police officer reasonably suspects has been used or
will be used in the commission of any offence under this Act or
any regulations made under this Act may be seized and detained
by the enforcement officer or police officer.

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Notice of seizure
104. (1) Where any seizure is made under this Part, the enforcement
officer or police officer making the seizure shall prepare a list of
every object, material, book, document or other thing seized and
of the place in which it is found and shall sign the list.
(2) The list prepared in accordance with subsection (1) shall be
delivered immediately to the occupant of the place or premises
where the object, material, book, document or other thing seized
is found.
(3) Where the seizure is made in or from any place or premises
which are unoccupied, the enforcement officer or police officer
making the seizure shall whenever possible post a list of the things
seized conspicuously at the place or premises.
(4) Where any object, material, book, document or other thing
is seized otherwise than in or from any place or premises, the
enforcement officer or police officer making the seizure shall give
a notice in writing of the seizure and the grounds of the seizure
to the owner of the object, material, books, document or other
thing seized by delivering a copy of such notice to the owner in
person or by post at his place of business or residence.
(5) A notice under subsection (4) need not be given where the
seizure is made in the presence or with the knowledge of the
owner.
Power of arrest
105. (1) Any enforcement officer or police officer may arrest
without warrant any person whom he reasonably believes has
committed or is attempting to commit an offence under this Act
or any regulations made under this Act.
(2) An enforcement officer making an arrest under
subsection (1) shall without unnecessary delay make over the
person so arrested to the nearest police officer or, in the absence
of a police officer, take such person to the nearest police station,
and thereafter the person shall be dealt with as is provided for by
the law relating to criminal procedure for the time being in force
as if he had been arrested by a police officer.

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Obstruction of search, etc.

106. Any person who
(a) assaults, obstructs, hinders or delays any enforcement
officer in effecting any entrance which he is entitled to
effect under this Act, or in the execution of any duty
imposed or power conferred by this Act; or
(b) fails to comply with any lawful demand of an enforcement
officer in the execution of his duty under section 105,
commits an offence and shall on conviction be liable to imprisonment
for a term not exceeding one year or to a fine not exceeding ten
thousand ringgit or to both.
Power to require attendance of persons acquainted with case
107. (1) The enforcement officer making an investigation under
this Act or any regulations made under this Act may, by order in
writing, require the attendance before himself of any person who
appears to him to be acquainted with the facts and circumstances
of the case, and such person shall attend as required.
(2) If any such person refuses to attend as required by an order
made under subsection (1), the enforcement officer may report his
refusal to a Magistrate who shall issue a warrant to secure the
attendance of such person as may be required by the order.
Examination of persons acquainted with case
108. (1) An enforcement officer making an investigation under
this Act or any regulations made under this Act may examine
orally any person supposed to be acquainted with the facts and
circumstances of the case and shall reduce into writing any statement
made by the person so examined.
(2) Such person shall be bound to answer all questions relating
to such case put to him by the enforcement officer, but he may
refuse to answer any question the answer to which would have a
tendency to expose him to a criminal charge or penalty or forfeiture.
(3) A person making a statement under this section shall be
legally bound to state the truth, whether or not such statement is
made wholly or partly in answer to questions.

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(4) The enforcement officer examining a person under

subsection (1) shall first inform that person of the provisions of
subsections (2) and (3).
(5) A statement made by any person under this section shall,
wherever possible, be reduced into writing and signed by the
person making it or affixed with his thumb print, as the case may
be, after
(a) it has been read to him in the language in which he made
it; and
(b) he has been given an opportunity to make any correction
he may wish.

Admissibility of statements by accused persons

109. (1) In any trial or inquiry by a court into an offence under
this Act, any statement, whether the statement amounts to a confession
or not, is oral or in writing, made at any time, whether before or
after the person is charged and whether in the course of an
investigation or not and whether or not wholly or partly in answer
to questions, by an accused person to or in the hearing of any
enforcement officer or a police officer, whether or not interpreted
to him by any other enforcement officer or police officer or any
other person, whether concerned or not in the arrest of that person,
shall, notwithstanding any written law or rule of law to the contrary,
be admissible at his trial in evidence and, if that person tenders
himself as a witness, any such statement may be used in crossexamination and for the purpose of impeaching his credit.
(2) No statement made under subsection (1) shall be admissible
or used as provided for in that subsection if the making of the
statement appears to the court to have been caused by any inducement,
threat or promise having reference to the charge against the person,
proceeding from a person in authority and sufficient in the opinion
of the court to give that person grounds which would appear to
him reasonable for supposing that by making it he would gain any
advantage or avoid any evil of a temporal nature in reference to
the proceedings against him.

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(3) Where any person is arrested or is informed that he may be

prosecuted for any offence under this Act, he shall be served with
a notice in writing, which shall be explained to him, to the following
effect:
You have been arrested/informed that you may be prosecuted
for (the possible offence under this Act). Do you wish to say
anything? If there is any fact on which you intend to rely in your
defence in court, you are advised to mention it now. If you hold
it back till you go to court, your evidence may be less likely to
be believed and this may have a bad effect on your case in
general. If you wish to mention any fact now, and you would
like it written down, this will be done..
(4) Notwithstanding subsection (3), a statement by any person
accused of any offence under this Act made before there is time
to serve a notice under that subsection shall not be rendered
inadmissible in evidence merely by reason of no such notice having
been served on him if such notice has been served on him as soon
as is reasonably possible thereafter.
(5) No statement made by an accused person in answer to a
written notice served on him pursuant to subsection (3) shall be
construed as a statement caused by any inducement, threat or
promise as is described in subsection (2), if it is otherwise voluntary.
(6) Where in any criminal proceedings against a person for an
offence under this Act, evidence is given that the accused, on
being informed that he might be prosecuted for it, failed to mention
any such fact, being a fact which in the circumstances existing at
the time he could reasonably have been expected to mention when
so informed, the court, in determining whether the prosecution has
made out a prima facie case against the accused and in determining
whether the accused is guilty of the offence charged, may draw
such inference from the failure as appear proper; and the failure
may, on the basis of those inferences, be treated as, or as capable
of amounting to, corroboration of any evidence given against the
accused in relation to which the failure is material.
(7) Nothing in subsection (6) shall, in any criminal proceedings
(a) prejudice the admissibility in evidence of the silence or
other reaction of the accused in the face of anything said
in his presence relating to the conduct in respect of which
he is charged, in so far as evidence thereof would be
admissible apart from that subsection; or

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(b) be taken to preclude the drawing of any inference from

any such silence or other reaction of the accused which
could be drawn apart from that subsection.
Forfeiture of things, etc., seized
110. (1) Any object, material, book, document or other thing seized
under this Act shall be liable to forfeiture.
(2) Where anything has been seized under this Act the enforcement
officer may at his discretion temporarily return such thing to the
owner of the same on security being furnished to his satisfaction
that such thing shall be surrendered to him on demand or to
produce it before a court of competent jurisdiction.
(3) An order for the forfeiture under subsection (1) shall be
made if it is proved to the satisfaction of the court that an offence
under this Act or any regulations made under this Act has been
committed and that the object, material, book, document or other
thing was the subject-matter of or was used in the commission of
the offence, even though no person has been convicted of such
offence.
(4) If there is no prosecution with regard to any object, material,
book, document or other thing seized under this Act, such object,
material, book, document or other thing shall be taken and deemed
to be forfeited at the expiration of a period of one calendar month
from the date of service of a notice to the last known address of
the person from whom the object, material, book, document or
other thing was seized indicating that there is no prosecution in
respect of such object, material, book, document or other thing,
unless before the expiration of that period a claim thereto is made
in the manner set out in subsections (5), (6), (7) and (8).
(5) Any person asserting that he is the owner of the object,
material, book, document or other thing referred to under
subsection (4) and that it is not liable to forfeiture may personally
or by his agent authorized in writing give written notice to the
enforcement officer or police officer in whose possession such
object, material, book, document or other thing is held that he
claims the object, material, book, document or other thing.

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(6) On receipt of the notice referred to in subsection (5), the

enforcement officer or the police officer shall refer the matter to
the Magistrate for a decision.
(7) The Magistrate to whom a matter is referred under
subsection (6) shall issue a summons requiring the person asserting
that he is the owner of the object, material, book, document or
other thing and the person from whom it was seized to appear
before the Magistrate, and when they appear or when they fail to
appear, due service of the summons having been proved, the
Magistrate shall proceed to examine the matter.
(8) If it is proved that an offence under this Act or any regulations
made under this Act has been committed and that object, material,
book, document or other thing referred to in subsection (7) was
the subject-matter of or was used in the commission of such offence,
the Magistrate shall order the object, material, book, document or
other thing to be forfeited and shall, in the absence of such proof,
order its release.
(9) Any object, material, book, document or other thing forfeited
or deemed to be forfeited shall be delivered to an enforcement
officer or a police officer and shall be disposed of in accordance
with the directions of the Magistrate.
(10) Where anything seized in exercise of the powers conferred
under section 100 or section 101 is of a perishable nature or where
the custody of such thing involves unreasonable expense and
inconvenience, the Commissioner, Deputy Commissioner or Assistant
Commissioner or the enforcement officer, as the case may be, may
direct that such thing be sold at any time and the proceeds of the
sale be held to abide by the result of any prosecution or claim
under this section.
No costs or damages arising from seizure to be recoverable
111. No person shall, in any proceedings before any court in
respect of the seizure of anything seized in the exercise or the
purported exercise of any powers conferred under this Act be
entitled to the costs of such proceedings or to any damages or
other relief unless such seizure was made without reasonable cause.

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PART XV
OFFENCES

Offences in respect of heritage site

112. (1) No person shall, without the approval in writing of the
Commissioner
(a) dig, construct, excavate, build, plant trees, quarry, irrigate,
burn lime or deposit earth or refuse, on or in the heritage
site or conservation area;
(b) demolish, disturb, obstruct, modify, mark, pull down or
remove any monument in any heritage site;
(c) erect any building or structure abutting upon a monument
in any heritage site;
(d) destroy the relationship of a building and its environment
that is incompatible with the character of the neighbourhood
in any heritage site;
(e) clear any area or interfere with, destroy or remove any
tree, plant undergrowth, weed, grass or vegetation in any
heritage site; or
(f) do any activities or actions that would likely cause damage
to the adjacent and surrounding land which have been
registered as heritage site.
(2) Any person who, without lawful authority, contravenes
subsection (1) shall be guilty of an offence and shall on conviction
be liable to imprisonment for a term not exceeding five years or
to a fine not exceeding fifty thousand ringgit or to both.
(3) Any person who has in his possession or custody or under
his control, any material originating from the land which constitutes
a natural heritage or cultural heritage, shall be presumed to have
extracted, removed or transported or permitted the extraction, removal
or transportation of natural heritage or cultural heritage without
lawful authority.
(4) Any person convicted of an offence under this section may
be ordered to pay, in addition to any punishment, imposed under
subsection (2), compensation equal to the value of the object and
of anything damaged in the course of its extraction.

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(5) For the purposes of subsection (4), the value of any object
shall, in the absence of evidence to the contrary, be deemed to be
such amount as the Federal Government valuer may certify.
(6) Any sum ordered to be paid under subsection (4) shall be
recoverable as if it were a fine imposed on conviction.
Offences in respect of heritage object
113. Any person who destroys, damages, disfigures, disposes or
alters a tangible cultural heritage, without a permit issued by the
Commissioner commits an offence and shall on conviction be
liable to imprisonment for a term not exceeding five years or to
a fine not exceeding fifty thousand ringgit or to both.
Offences in respect of National Heritage
114. (1) No person shall, without the written approval of the
Commissioner, transfer, demolish, remove, alter, renovate, export,
add to or deal with any National Heritage except in case of urgent
and immediate necessity for the safety of persons or property.
(2) Any person who contravenes subsection (1) commits an
offence and shall on conviction be liable to imprisonment for a
term not exceeding five years or to a fine not exceeding fifty
thousand ringgit or to both.
PART XVI
MISCELLANEOUS

Prosecution
115. No prosecution in respect of any offence under this Act or
any regulations made under this Act shall be instituted except by
or with the written consent of the Public Prosecutor.
Jurisdiction of Court of First Class Magistrate
116. Notwithstanding anything contained in any written law to
the contrary, a Court of a First Class Magistrate shall have the
jurisdiction to try any offence under this Act and to award the full
punishment for any such offence.

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Offences committed by body corporate

117. Where a person charged with an offence under this Act or
any regulations made thereunder is a body corporate, every person
who, at the time of the commission of such offence was a managing
director, manager or other similar officer of such body corporate,
may be charged jointly in the same proceedings with the body
corporate, and where the body corporate is convicted of the offence
charged, every such managing director, manager or officer shall
also be deemed to have committed the offence and shall be liable
to the same penalty as the body corporate, unless he proves that
the offence was committed without his knowledge, consent or
connivance or that he took reasonable precautions to prevent its
commission.
General penalty
118. (1) Any person who commits an offence under this Act or
any regulations made under this Act where no penalty is expressly
provided shall on conviction be liable to a fine not exceeding fifty
thousand ringgit or to imprisonment for a term not exceeding five
years or to both, and for a second or subsequent offence he shall
be liable to a fine not exceeding one hundred thousand ringgit or
to imprisonment for a term not exceeding ten years or to both.
(2) Where the offence committed resulted in damage to or the
demolition or destruction of a heritage item, the court may order
the person to pay, in addition to any penalty that may be imposed
under subsection (1), the costs of the repair, restoration or
reconstruction of the heritage item.

Compounding of offences
119. (1) The Commissioner may, with the consent in writing of
the Public Prosecutor, compound any offence committed by any
person under this Act or any regulations made under this Act, by
accepting from the person reasonably suspected of having committed
such offence a sum of money not exceeding fifty percent of the
maximum fine for that offence, within the time specified in the
offer.

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(2) An offer under subsection (1) may be made at any time after
the offence has been committed, but before any prosecution for it
has been instituted.
(3) If the amount specified in the offer under subsection (1) is
not paid within the time specified in the offer or within such
extended period as the Commissioner may grant, prosecution for
the offence may be instituted at any time after that against the
person to whom the offer was made.
(4) Where an offence has been compounded under
subsection (1) no prosecution shall be instituted after that in respect
of the offence against the person to whom the offer to compound
was made and where possession has been taken of any books,
records or other documents or any other thing, such books, records,
documents or things may be released subject to such conditions
as may be imposed in accordance with the conditions of the
compound.
(5) The amounts received under this section shall be paid into
and form part of the Federal Consolidated Fund and in the case
of offences under Part XI the amounts received shall be paid into
and form part of the State Consolidated Fund.
Public servants
120. The Commissioner, Deputy Commissioner, Assistant
Commissioners, authorized officers, enforcement officers, all
members of the Council and the committee, any member of the
staff or agent of the Commissioner while discharging their duties
or performing their functions or exercising their powers under this
Act, shall be deemed to be public servants within the meaning of
the Penal Code.
Immunity from legal action
121. No legal proceeding, prosecution or other form of litigation
may be instituted or maintained against
(a) the Commissioner, Deputy Commissioner or Assistant
Commissioner;
(b) any member of the Council;

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ACT 645

(c) any authorized officer or enforcement officer; or

(d) any person employed in the office of the Commissioner
or the Council,
in his personal capacity in respect of any act, omission, decision
or statement done or made for the purpose of or incidental to the
implementation or proposed implementation of the provisions of
this Act or any regulations made under this Act unless such act,
omission, decision or statement was done or made by his wilful
neglect or default.
Public Authorities Protection Act 1948
122. The Public Authorities Protection Act 1948 [Act 198] shall
apply to any action, suit, prosecution or proceeding against the
Commissioner, Deputy Commissioner, Assistant Commissioners,
authorized officers, enforcement officers, any member of the Council
or the committee, any member of the staff or agent of the
Commissioner or the Council in respect of any act, neglect or
default done or committed by it or by him, as the case may be,
in such capacity.
Delegation of powers
123. The Commissioner may generally or specially authorize the
exercise, performance or discharge of any of his powers, duties or
functions under this Act or any regulations made under this Act
to any officer appointed under subsection 5(1).
Regulations
124. (1) The Minister may make any regulations as may be expedient
or necessary for the better carrying into effect of the provisions
of this Act.
(2) Without prejudice to the generality of subsection (1),
regulations may be made for all or any of the following purposes:
(a) prescribing any matter which is required under this Act
to be prescribed;

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(b) prescribing the conservation management plan;

(c) prescribing the conditions and restrictions (including the
payment and amount of a fee) subject to which any licence
or permit under this Act may be granted or issued;
(d) providing for procedures for application, terms and
conditions to be imposed on licences, and for fees, charges
and deposits in respect thereof, including provisions for
the forfeiture, use or return of such deposits;
(e) prescribing the management and procedures for the
conservation and preservation of heritage sites, heritage
objects, underwater cultural heritage and National Heritage;
(f) prescribing guidelines and procedures for the conservation
and preservation of intangible cultural heritage;
(g) prescribing the procedure for compounding such offences;
and
(h) prescribing a penalty or a fine not exceeding twenty-five
thousand ringgit for the contravention of or failure to
comply with any of the provisions of any regulations
made under this Act or with the restrictions or conditions
of any licence or permit granted under any such regulations.
PART XVII
REPEAL AND SAVING PROVISIONS

Repeal and saving

125. (1) Subject to subsection (2), the Antiquities Act 1976
[Act 168] and the Treasure Trove Act 1957 [Act 542] are repealed.
(2) The Treasure Trove Act 1957 shall continue to apply to
those States which do not adopt the provisions of Part XI of this
Act by a law made by the Legislature of the relevant States in
accordance with Clause (3) of Article 76 of the Federal Constitution.
(3) All appointments, regulations, rules, by-laws, exemptions,
directions and orders made, all registers kept and all certificates
granted or having effect under the laws or orders repealed by this
section and in force or having effect at the commencement of this

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Act, shall (without prejudice to the power of the Minister to amend

the regulations, rules and by-laws or to amend, revoke or withdraw
the exemptions, directions or certificates by order or direction
made under the appropriate provisions of this Act and subject to
such modifications as may be necessary to bring the regulations,
rules, by-laws, exemptions, directions or orders in conformity with
this Act) continue to be in force and have effect as if they had been
made, kept or granted under this Act, until otherwise provided for
under this Act.
Prevention of anomalies
126. (1) The Minister may, by order, make such modifications in
the provisions of this Act as may appear to him to be necessary
or expedient for the purpose of removing any difficulty occasioned
by the coming into force of this Act.
(2) The Minister shall not exercise the powers conferred by this
section after the expiration of two years from the date of coming
into operation of this Act.
(3) In this section, modifications includes amendments,
additions, deletions, substitutions, adaptations, variations, alterations
and non-application of any provision of this Act.

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LAWS OF MALAYSIA
Act 645
NATIONAL HERITAGE ACT 2005
LIST OF AMENDMENTS
Amending law

Short title

NIL

In force from

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Laws of Malaysia

ACT 645

LAWS OF MALAYSIA
Act 645
NATIONAL HERITAGE ACT 2005
LIST OF SECTIONS AMENDED
Section

Amending authority

NIL

DICETAK OLEH
PERCETAKAN NASIONAL MALAYSIA BERHAD,
KUALA LUMPUR
BAGI PIHAK DAN DENGAN PERINTAH KERAJAAN MALAYSIA

In force from