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National Heritage Act 2005

NATIONAL HERITAGE ACT 2005

AKTA WARISAN KEBANGSAAN 2005

Act 645 · consolidated to 1 Jun 2006 · 76 pp

Artistic freedomSocio-economic rights
This copy of the Act is 20 years old. Any amendment made since 1 June 2006 is not in this text. Check the AGC record for later amendments.
Why it matters

What this does to artists

Heritage listing, national heritage objects, and controls on the export and alteration of heritage items. It reaches artists working with heritage material and sites, conservators, and any museum or archive acquiring or lending.

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Declaration constrains what an owner may do with their own property, and objects can be caught on export without anyone realising they were listed.

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What to read first

Section numbers read out of the AGC text itself

s.23National Heritage Register
s.24Designation of heritage site
s.56Sale or disposal of heritage object
topicExport of heritage object
s.72Conservation and preservation of National Heritage
s.81Offence
In practice

Where this one bites

Scenario

Exhibit and sell your work

Selling the object is not selling the copyright, and the commission clause decides who owned it in the first p…

Scenario

Paint a mural or install work in public space

Your copyright survives on someone else's wall. What the owner may then do to it is the fight.…

Scenario

Archive, conserve or exhibit heritage material

Listing constrains the owner, export catches the unaware, and copyright outlives everyone who could give permi…

Full arrangement of sections 125 sections · show / hide

Extracted from the AGC PDF on this page.

s.1Short title and commencement
s.2Interpretation
s.3Policy in relation to conservation and preservation of heritage
s.4Appointment of Commissioner of Heritage
s.5Appointment of officers
s.6Functions of the Commissioner
s.7Powers of the Commissioner
s.8Establishment of National Heritage Council
s.9Functions of Council
s.10Membership of Council
s.11Secretary
s.12Tenure of office
s.13Revocation of appointment and resignation of members
s.14Vacation of office
s.15Filling of vacancies
s.16Meetings of Council
s.17Procedure of meetings
s.18Committees
s.19Remuneration or allowance
s.20Establishment of the Fund
s.21Expenditure to be charged on the Fund
s.22Accounts and audit
s.23National Heritage Register
s.24Designation of heritage site
s.25Adjacent and nearby site
s.26Inspection of site
s.27Notice to owner, etc
s.28Objection
s.29Hearing
s.30Consent of the State Authority
s.31Decision of the Commissioner
s.32Notice to local planning authority Interim Protection Order
s.33Commissioner may make Interim Protection Order
s.34Period of Interim Protection Order
s.35Works permitted during an Interim Protection Order Dealings involving heritage site
s.36Notice of intention to sell heritage site
s.37Change of owner of a heritage site
s.38Care of heritage site
s.39Inspection of heritage site
s.40Application for planning permission for heritage site
s.41Monument Preservation Order
s.42Duty to keep heritage site in good repair
s.43Financing conservation work
s.44Power to impose entry fee
s.45Conservation area
s.46Conservation management plan
s.48Proprietary right in the object
s.49Declaration as heritage object by Commissioner Application for registration
s.50Application for registration of heritage object
s.51Approval or refusal of application for registration
s.52Certificate of registration Management of heritage object
s.53Compensation for certain heritage object
s.54Apportionment of share of heritage object
s.55Dispute as to compensation or apportionment
s.56Sale or disposal of heritage object
s.57Notice of intention to sell or transfer a heritage object
s.58Change of owner of a heritage object
s.59Conservation of heritage object
s.60Conservation of intangible cultural heritage
s.61Discovery of underwater cultural heritage
s.62Possession, custody or control of moveable underwater cultural heritage
s.63Declaration of underwater cultural heritage
s.64Protected zone
s.65Salvage and excavation works to be licensed
s.66Ownership of underwater cultural heritage found during survey, salvage and excavation
s.67Declaration of National Heritage
s.68Nomination as National Heritage
s.69Ownership and possession of National Heritage
s.70Change in the ownership of National Heritage
s.71Listing of the National Heritage in the Register
s.72Conservation and preservation of National Heritage
s.73Uniformity of law with respect to treasure trove
s.74Notice of discovery of treasure trove
s.75Notification for enquiry
s.76Time to be allowed for suit by claimant
s.77When treasure trove may be declared ownerless
s.78When treasure trove vests in State Government
s.79Disposal of treasure trove
s.80Power of the Commissioner to inspect any treasure trove
s.81Offence
s.82Forfeiture of claim to and interest in treasure trove
s.83Licence to export
s.84Importation of foreign heritage item
s.85Minister may prescribe the necessary procedure Licence to excavate
s.86Excavation of heritage object
s.87Application for licence to excavate
s.88Approval or refusal of licence to excavate
s.89Terms and conditions of licence
s.90Extension and revocation of licence Registration of dealer of heritage item
s.91Registered dealer of heritage item
s.92Information of stolen heritage item
s.93Reports of sale or purchase of heritage item
s.94Enforcement officer may enter and search registered dealer’s business premise, etc
s.95Delivery to owner
s.96Appeal
s.97Appointment of enforcement officers
s.98Power to investigate
s.99Authority card
s.100Search and seizure with warrant
s.101Search and seizure without warrant
s.102Search of persons
s.103Seizure of thing, etc
s.104Notice of seizure
s.105Power of arrest
s.106Obstruction of search, etc
s.107Power to require attendance of persons acquainted with case
s.108Examination of persons acquainted with case
s.109Admissibility of statements by accused persons
s.110Forfeiture of things, etc., seized
s.111No costs or damages arising from seizure to be recoverable
s.112Offences in respect of heritage site
s.113Offences in respect of heritage object
s.114Offences in respect of National Heritage
s.115Prosecution
s.116Jurisdiction of Court of First Class Magistrate
s.117Offences committed by body corporate
s.118General penalty
s.119Compounding of offences
s.120Public servants
s.121Immunity from legal action
s.122Public Authorities Protection Act
s.123Delegation of powers
s.124Regulations
s.125Repeal and saving
s.126Prevention of anomalies
Full text

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English text

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Teks Bahasa Malaysia

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Source of record · lom.agc.gov.my/act-detail.php?act=645&lang=BI

Who this reaches
Museum & archivingVisual artsEverything else
Important notice

This page is published by ALIM (Art × Law Initiative Malaysia) as general legal information for Malaysia’s creative communities. It is not legal advice. It does not take your circumstances into account, and reading it does not create a solicitor-client relationship with ALIM or with anyone associated with it.

The law changes. Each Act reproduced here is the Attorney General’s Chambers’ consolidated reprint and carries the date it was consolidated to; amendments made after that date do not appear in the text, and the authoritative version of any Malaysian law is the one published in the Federal Gazette. Subsidiary legislation, state enactments and local authority by-laws may also apply to your situation and are largely outside this library.

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