Showing posts with label National Heritage Enactment. Show all posts
Showing posts with label National Heritage Enactment. Show all posts

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.

Johore Enactment No. 7 of 1988, Malaysia

Purpose and Interpretations
An Enactment to establish a body corporate by the name of Yayasan Warisan Negeri (YWN) for the preservation of the cultural and historical heritage of the Johore state; and to provide for matters connected therewith.
An "ancient monument" means any monument in the State which is or is reasonably believed to be at least one hundred years old or which is declared by the State Authority to be one.
A "monument" includes any building, structure, erection or other work whether above or below the surface of the land, any memorial, place of interment and any part of a monument that is considered to be worthy of preservation historically, traditionally, archaeologically or architecturally.
A "historical site" means a site which has been declared by the State Authority to be preserved.
A "curator" is the Chief Executive Officer appointed by the YWN to be responsible for carrying out any decisions and directions made by the body and exercising general control over its officers and servants.
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Establishment and Functions of the YWN
As an establishment body corporate, the YWN may involve in suing and be sued in its name, in entering into contracts; and in acquiring, purchasing, taking, holding movable or immovable property incidental or appertaining to the body. members of the YWN include a Chairman who is the Chief Minister of State, Deputy Chairman. Treasurer, Secretary and a representative from the National Museum and national Art Gallery. The YWN has the authority to do research and inspection on monuments, advise and control on any alterations, repairs and renovations of any kind to ensure the better preservation. In addition, it can receive donations, grants from any source and contribute the grant or loan towards any repair and maintenance of monuments or articles of historic values.
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The functions of the YWN shall be:
1) to stimulate public interest and support in the preservation and dissemination of knowledge of the cultural and historical heritage of the State.
2) to preserve monuments and articles of historic, traditional, archaelogical or architectural interest.
3) to protect the amenities relating to the monuments.
4) to take appropriate measures to preserve all records, documents and data relating to those monuments and articles.
5) to provide for libraries as reference and research work.
6) to manage and administer the fund.
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Penalty
Any person who wilfully defaces, damages or interferes with any monument shall be guilty of an offence and shall be liable upon conviction to a maximum fine of MR 10,000 (Malaysian Ringgit) or to a term of two years imprisonment or both.
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