Monday, April 02, 2007

Malacca Enactment No. 6 of 1988, Malaysia

Purpose and Interpretations
An Enactment to make provisions for the preservation, conservation and enhancement of cultural heritage and matters incidental thereto. It may be also called as the Preservation and Conservation of Cultural Heritage Enactment 1988.

A committee, known as the Preservation and Conservation Committee, shall be established by the State Authority in order to advise on matters of policy, administration and management of cultural heritage and conservation areas. This Committee is chaired by the Chief Minister of State.
The Enactment requires clarification of common terminologies used in preservation and conservation of cultural heritage.
  • "Adaptation" means a process of modifying a cultural heritage or a conservation area to suit a proposed compatible use.
  • "Conservation" defines a process of looking after a cultural heritage or a conservation area so as to retain its significance; and this includes maintenance, preservation, restoration, reconstruction, adaptation or a combination of two or more of these.
  • "Cultural heritage" includes any antiquity, historical object, historical site, fabric, building, structure, work of art, manuscript, coin, vehicle, ship or tree which has a significant and special architectural, aesthetic, historical, cultural, scientific, economic interest or value.
  • "Maintenance" means a continuous protection and care of a cultural heritage or a conservation area as distinguished from repair which may involve restoration or construction.
  • "Preservation" is a process of maintaining a cultural heritage or a conservation area in its existing state or form.
  • "Reconstruction" means a process of returning a cultural heritage or a conservation area as nearly as possible to an earlier known state by the introduction of old or new materials.
  • "Restoration" means a process of returning the existing cultural heritage or a conservation area to an earlier known state by removing accretion or by reassembling the existing repairs without the introduction of new materials.
Declaration of Cultural Heritage
The State Authority may on the recommendation of the Local Authority and advise of the Committee declare any cultural heritage which is desirable to be preserved or conserved, and also may designate an area within such heritage is located as a conservation area.

Any person who owns any cultural heritage which has not been declared may apply in a prescribed form to the Local Authority within which the heritage is located for such declaration. Upon processing the application, the Local Authority, however, shall notify the owner that his heritage or area is subjected to preservation or conservation.

Any cultural heritage which ahs been declared to be preserved or conserved shall be inspected at all reasonable times by an officer authorised by the Local Authority.

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