This Ordinance, comprising 81 Sections and two Schedules, under Section 3 establishes the Sarawak Heritage Council with the following main functions (i) advise the Government on policy, strategy, plan of action, administration, and management of heritage and conservation areas; (ii) engage public participation in identifying, protecting, preparing, and implementing management plans for heritage and conservation areas; (iii) advise on the preservation, protection, augmentation, and enhancement of historical monuments, sites, and other conservation areas; (iv) stimulate public interest and support for heritage preservation or conservation; (v) direct the Director to take appropriate measures to preserve all records, documents, and data related to registered heritage. Section 7 establishes the Sarawak Heritage Trust Fund, with the Director responsible for maintaining proper, audited accounts that must be submitted to the Minister for endorsement. This Ordinance shall be administered by a Director responsible for the proper administration and management of the functions and affairs of the Sarawak Museum Department and all State Government museums and the other following functions (i) determine the heritage significance of buildings or sites and have them entered into the Register and declared; (ii) establish and maintain the Register, specifying the categories of heritage to be listed; (iii) supervise and oversee the conservation, preservation, restoration, maintenance, promotion, exhibition, and accessibility of heritage; (iv) promote and facilitate research related to heritage; (v) authorize, monitor, and supervise excavations for heritage purposes; (vi) maintain documents related to any excavation, exploration, finding, or search for heritage; (vii) preserve, conserve, protect, and promote traditional knowledge and traditional cultural expression of Sarawak communities; (viii) establish and maintain cooperation with other related agencies in respect of conservation and preservation of heritage matters; (ix) advise and coordinate with the local planning authority, the Council and other bodies and entities for the purpose of safeguarding, promoting and dealing with any heritage; (x) promote and ensure that the best standards and practices are applied in the conservation and preservation of heritage. Part IV establishes that no person is allowed to dig or search for antiquities or historical objects (onshore or offshore, on any land) without a valid excavation licence issued by the Director, who sets the licence period and conditions; however, no licence will be issued without the consent of the land's registered proprietor or lawful owner. The Director may extend the licence but is not liable for any loss or damage resulting from the authorized excavation. Unlicensed excavation or demolition of historical structures constitutes an offence. All licences require the licensee to carry out excavations in a scientific manner, take reasonable measures for the preservation of any discoveries, and, at the close of the excavation, allow the Director to divide the found antiquities while submitting required documentation (drawings, photographs) of any objects retained by the licensee; failure to comply with these or other conditions allows the Director to immediately suspend or cancel the licence. Part V strictly prohibits the export of any antiquity or historical object without a valid licence or if prohibited by the Director (for heritage preservation). If export is denied for government acquisition, the owner must sell the object for reasonable compensation. Furthermore, all owners must permit inspection and reproduction of their items, and the Director can authorize the sale of government-owned objects not required for heritage. The Ordinance also deals with (i) historical monuments, historical sites and heritage sites; (ii) underwater heritage; (iii) penalties; (iv) enforcement.
ماليزيا · 2019-11-28