I [II, I r i LAWS OF SARAWAK. Chapter 6 SARAWAK CULTURAL HERITAGE ORDINANCE, i,!: "

Transcription

1 DSCLAMER: As Member States provde natonal legslatons hyperlnks and explanatory notes (f any) UNESCO does not guarantee ther accuracy nor ther up-datng on ths web ste and s not lable for any ncorrect nformaton. COPYRGHT: All rghts reserved.ths nformaton may be used only for research educatonal legal and noncommercal purposes wth acknowledgement of UNESCO Cultural Hertage Laws Database as the source ( UNESCO). r f. l [ t' LAWS OF SARAWAK Chapter 6 ~. SARAWAK CULTURAL HERTAGE ORDNANCE 1993 ': (. ( ~ ' ".~!: "!

2 DSCLAMER: As Member States provde natonal legslatons hyperlnks and explanatory notes (f any) UNESCO does not guarantee ther accuracy nor ther up-datng on ths web ste and s not lable for any ncorrect nformaton. COPYRGHT: All rghts reserved.ths nformaton may be used only for research educatonal legal and noncommercal purposes wth acknowledgement of UNESCO Cultural Hertage Laws Database as the source ( UNESCO) : <J..: :~: j; 1" L '.-!. 1 '.!. : ".. ~ ~ Dale Passed by Dewan Undangan Neger. Date of Assent... Date of Publcaton ll Gazette 16th November st December th December 1993 :! ': : "!! j. ~.;.". o.... ( " '--. " 11

3 DSCLAMER: As Member States provde natonal legslatons hyperlnks and explanatory notes (f any) UNESCO does not guarantee ther accuracy nor ther up-datng on ths web ste and s not lable for any ncorrect nformaton. COPYRGHT: All rghts reserved.ths nformaton may be used only for research educatonal legal and noncommercal purposes wth acknowledgement of UNESCO Cultural Hertage Laws Database as the source ( UNESCO). LAWS OF SARAWAK Chapter 6 SARAWAK CULTURAL HERTAGE ORDNANCE C' C~ Secton L 2. ARRANGEMENT OF SECTONS PART!'RELo.lNARY Short ttle commencement and applcaton. nterpretaton. PART DSCOVERY OF ""T PROPERTY 1)/ A'TQumES 3. Antqutes and hstorcal monuments to be the property of the Government. 4. Dscovery of antqutes. 5. Antqutes to be regstered. 6. Sale or dsposal of antqutes and hstorcal objects. 7. Compensaton to fmder of antqutes PRoHBmoN OF EXPORT A.'T SALE OF A'T1QvmES A..."D HSTORC.JL OBJECTS Export of antqutes prohbted except under lcence. Prohbton of export of hstorcal object. Producton of lcence. Power of Drector to prohbt export of antqutes. Acquston of antquty or hstorcal object sought to be exported. Rght to nspect antqutes and hstorcal objects. Authorsaton for sale of antquty or hstorcal object. Dealer's lcence. EXCAVATON No search for antqutes or hstorcal objects except under lcence. Condtons of lcences. PART Dvson of antqutes and hstorcal objects. PART V Loan of Government antqutes or hstorcal objects. ; f }-!" ;'::! f. : \! f t! ~. t. 1-.; J t ; jt ~.. r(.. r~. _...!' }. r. ' f ;.

4 DSCLAMER: As Member States provde natonal legslatons hyperlnks and explanatory notes (f any) UNESCO does not guarantee ther accuracy nor ther up-datng on ths web ste and s not lable for any ncorrect nformaton. COPYRGHT: All rghts reserved.ths nformaton may be used only for research educatonal legal and noncommercal purposes wth acknowledgement of UNESCO Cultural Hertage Laws Database as the source ( UNESCO). 2 SARAWAK CULTURAL HERTAGE PART V HsroRlCAL MOSL"MaTS Al1) HsroRlCAL STES Secton 20. Acts prohbted n relaton to certan buldng except under permt 21. Schedule of hstorcal monuments and stes. 22. Acts prohbted n regard 10 hstorcal monuments and stes. 23. Care of hstorcal monuments and stes. 24. nspecton of hstorcal monuments and stes. PART V C) TluDmosAL ARTS }h1) HA.'DCRAFT 25. Promoton of tradtonal arts and handcraft. ";1 PART vn Penaltes. ForfelUre. Compoundng of offences. Who may prosecute. PART V Appeal. Delegaton of powers. Protecton of offcers and persons actng under drecton of offcers. 33. Publc servants. 34. Exempton. 35. Rules. 36. Repeal and savng.

5 DSCLAMER: As Member States provde natonal legslatons hyperlnks and explanatory notes (f any) UNESCO does not guarantee ther accuracy nor ther up-datng on ths web ste and s not lable for any ncorrect nformaton. COPYRGHT: All rghts reserved.ths nformaton may be used only for research educatonal legal and noncommercal purposes wth acknowledgement of UNESCO Cultural Hertage Laws Database as the source ( UNESCO). LAWS OF SAR~WAK Chapter 6 SAR~WAK CULTUR~L HERTAGE ORDNAACE r;-' \.:...." An Ordnance to make berrer provsons for rhe preservaton of antqutes monuments and sres of culrural archaeologcal archre crural arrsrc rel gous or rradronal nteresr or value for the beneft of the State and as a herrage of the people; and for matters connected therewrh or ncdenral thereto. C '" :"- [ ] Enacted by the Legslature of Sarawak PART F'RELc.n:-;ARY 1.-(1) Ths Ordnance may be cted as the Sarawak Cultural Hertage Ordnance 1993 and shall come nto force on such~ date as the Mnster may. by notfcaton n the Gazette appont. (2) Ths Ordnance shall apply to all antqutes ancent and hstorcal monuments and records and archaeologcal stes and remans other than those declared to be Federal by or under Federal law. 2.-(1) n ths Ordnance "antquty" means- (a) any object. whether movable or mmovable or a pm of the sol whch has been constructed shaped panted. carved. nscrbed. erected or otherwse produced or modfed by human agency and whch s or s reasonably beleved to be at least one hundred years old; (b) any pan of any such object whch has been excavated modfed added to reconstructed or restored; Short ttl~ commencement and awucatoo. nterpreutoo. J! ~ l \ ~ ~ ; f k [. f r 0. t t f r t t "~.!r ~ T! t ~: " r ; ~. 1

6 DSCLAMER: As Member States provde natonal legslatons hyperlnks and explanatory notes (f any) UNESCO does not guarantee ther accuracy nor ther up-datng on ths web ste and s not lable for any ncorrect nformaton. COPYRGHT: All rghts reserved.ths nformaton may be used only for research educatonal legal and noncommercal purposes wth acknowledgement of UNESCO Cultural Hertage Laws Database as the source ( UNESCO). 4 SARAWAK CULruRAL HERTAGE '.. İ.! ).' (c) any human. plant or anmal remans or mpressons whch s or s reasonably beleved to be at least one hundred years old; and (cl) any other object whch n the opnon of the Drector s of outstandng hstorc artstc cultural or tradtonal nterest or value and ought to be preserved as a hertage of the people of Sarawak; "buldng" means any buldng structure or work (whether above or below the surface of the land or '{ater) monument. commemoratve statute or memoral; "dealer" means any person who acqures antqutes or hstorcal objects for resale trade or other actvty carred on for the purpose of gan; "Drector" means the Drector of the Sarawak Museum; "hstorcal monument" means any monument whch s or s reasonably beleved to be at least one hundred years old or whch s declared or deemed under the provsons of Part V of ths Ordnance to be a hstorcal monument; "hstorcal object" means any artefact or other object to whch relgous tradtonal cultural artstc or hstorcal nterest or value s attached and ncludes any- (a) ethnographc materal such as a household trade or agrcultural mplement. tool or equpment decoratve artcle personal ornament; (b) work of art or craft such as a carvng sculpture pantng archtecture textle muscal nstrument weapon and any other handcraft; (c) manuscrpt con currency note medal badge nsgna coat of arm crest flag arm armour or any artcle of symbolc sgnfcance and mportance; o

7 DSCLAMER: As Member States provde natonal legslatons hyperlnks and explanatory notes (f any) UNESCO does not guarantee ther accuracy nor ther up-datng on ths web ste and s not lable for any ncorrect nformaton. COPYRGHT: All rghts reserved.ths nformaton may be used only for research educatonal legal and noncommercal purposes wth acknowledgement of UNESCO Cultural Hertage Laws Database as the source ( UNESCO)... SARAWAK CULTURAL HERTAGE 5 ; ( ;~ o (d) vehcle shp and boat or any other artcle or object n part or n whole whose producton have ceased whch n the opnon of the Drector preserved by reason of ts cultural tradtonal artstc or hstorc nterest as a hertage of the people.; s to be relgous or value "hstorcal ste" means any place ste or area whch s n the opnon of the Drector to be preserved by reason of ts archaeologcal palaeontologcal relgous tradtonal or hstorc nterest or value and declared under secton 21 to be an hstorcal ste; "Mnster" means the Mnster charged wth the responsblty for the Sarawak Museum; "monument" means any temple mosque church buldng port earthwork standng stone keramnt cave or other structure erecton or excavaton and any tomb tumulus or other place of nterment or any other mmovable property of a lke nature or any part or remans of the same whch ought to be preserved as a hertage of the people by reason of the cultural archtectural archaeologcal relgous hstorc tradtonal nterest or value attachng thereto; and ncludes any part of the ste of any monument and such porton of land adjonng such ste as may be requred for fencng coverng n cordonng off or otherwse preservng any monument from damage and also ncludes the means of access thereto. (2) For the purpose of decdng whether any object s or s not an antquty or an hstorcal object the Drector may examne t and may seek the assstance of any person whom he consders to be competent or qualfed to help hm wth the nvestgaton and examnaton. (3) Wthout prejudce to the provsons for appeal to the Mnster under secton 30. the decson of the Drector whether any object s or s not an antquty or an hstorcal object wthn the meanng of ths Ordnance shall be fnal. 1! r 1. \ ~ \ f ị. ~ ; }...\... f 1 ]! ~ '. p.. ț. '0 _. ~...- r:. So t..! t- o f

8 DSCLAMER: As Member States provde natonal legslatons hyperlnks and explanatory notes (f any) UNESCO does not guarantee ther accuracy nor ther up-datng on ths web ste and s not lable for any ncorrect nformaton. COPYRGHT: All rghts reserved.ths nformaton may be used only for research educatonal legal and noncommercal purposes wth acknowledgement of UNESCO Cultural Hertage Laws Database as the source ( UNESCO). 6 SARA\'AK CULTURAL HERTAGE (4) The Mnster may gve to the Drector drectons of a general character (not nconsstent wth ths Ordnance) as to the exercse of the functons of the Drector under ths Ordnance and the Drector shall gve effect to any drectons so gven. Antqutes aod hstorcal monuments 10 be the propeny of the Government. (5) n the Ordnance a reference to the Yang d Pertua Neger shall be construed as a reference to the Yang d-pertua Neger actng n accordance wth the advce of the Majls Mesyuarat Kerajaan Neger or of a member thereof actng under the general authorty of the Majls. PART DSCOVERY OF...1) PROPERTY N ANTQUTES 3.-(1) Every antquty found n Sarawak subsequent to the 1st day of October 1954 shall subject to the provson of secton 9(1) (c) be the property of the GovernmenL (2) Every hstorcal monument whch on or after the date of the comng nto force of ths Ordnance s not owned by any person or the control of whch s not vested n any person as a trustee or manager shall be deemed to be the absolute property of the Government. Dsco"')' of 4.-(1) Any person who dscovers any object or aotqutes. monument whch he has reason to beleve to be an antquty shall forthwth gve notce of hs dscovery to the Drector or to the Dstrct Offcer of the Dstrct wheren the antquty was dscovered and shall take all reasonable care and precautons and exercse all due delgence to avod or prevent damage or loss to the antquty and f t s practcable so to do shall delver the antquty to the Drector or the Dstrct Offcer who shall ssue a recept therefor. (2) f the Dstrct Offcer has reason to beleve that any object dscovered n hs Dstrct s an antquty he may by notce n wrtng requre the person havng possesson thereof f t s practcable so to do to delver the same forthwth to hm and the Dstrct Offcer on recevng such object shall gve a recept therefor. o

9 DSCLAMER: As Member States provde natonal legslatons hyperlnks and explanatory notes (f any) UNESCO does not guarantee ther accuracy nor ther up-datng on ths web ste and s not lable for any ncorrect nformaton. COPYRGHT: All rghts reserved.ths nformaton may be used only for research educatonal legal and noncommercal purposes wth acknowledgement of UNESCO Cultural Hertage Laws Database as the source ( UNESCO). SARAWAK CULTURAL HERTAGE 7 (3) A Dstrct Offcer recevng notce under subsecton () shall communcate the same to the Drector. (4) Where any object has been delvered to a Dstrct Offcer under subsecton () or (2) or where the Dstrct Offcer has reason to beleve that any object dscovered n hs Dstrct s an antquty he shall gve notce thereof to the Drector. ; ( ;~ V 5.-(1) Any person other than a natve of Sarawak Antqu;t" n possesson of any antquty shall regster such to be d antquty \vth the Drector or any offc;r specally reg'se". authorsed by hm n such manner and at such tmes as may be prescrbed by rules made under secton 35. (2) Certfcates of regstraton n such form as may be prescrbed by rules made under secton 35 shall be ssued by the Drector or any offcer specally authorsed by hm n respect of antqutes regstered under subsecton () and such certfcates shall untl the contrary s proved be proof of ownershp. 6.-(1) Any person wshng to sell or otherwse SJ or dspose of an antquty shall gve notce of the pro- dsposal of... a[lt.qut~s posed transacton to the Drector or f such person s and a natve of Sarawak to a Dstrct Offcer who shall ru~.'"raj forthwth nform the Drector thereof. 0 ~''''. (2) The Drector may by notce n wrtng requre any person n possesson of or lawfully enttled to sell or dspose of any antquty or any hstorcal object not to sell or otherwse dspose of any such antquty or hstorcal object wthout gvng notce n wrtng to hm of such proposed transacton. (3) No person shall sell or otherwse dspose of (a) (b) any antquty; or any hstorcal object n respect of whch a notce under subsecton (2) has been gven by the Drector untl after a lapse of thrty days after the gvng of notce by such person of hs ntenton to sell or otherwse dspose of the antquty or hstorcal object and n the meanwhle t shall be ;.! t!~ : 1. ț l ; g. l t; ~:. f' l; 1 t n. "(. ~ l t _ t. ~. t 1. t ':!. ".' 1

10 DSCLAMER: As Member States provde natonal legslatons hyperlnks and explanatory notes (f any) UNESCO does not guarantee ther accuracy nor ther up-datng on ths web ste and s not lable for any ncorrect nformaton. COPYRGHT: All rghts reserved.ths nformaton may be used only for research educatonal legal and noncommercal purposes wth acknowledgement of UNESCO Cultural Hertage Laws Database as the source ( UNESCO). ~.... ; --. : '. : : : : ; : ; : : : : Compeosaton 10 fnder of antqutes. 8 SARAWAK CULTURAL HERTAGE lawful for the Drector to purchase such antquty or hstorcal object at a reasonable prce notwthstandng any agreement whch the owner may have entered nto wth another person. (4) Such prce shall. be fxed by agreement between the partes or n default of such agreement by submsson to arbtraton under the law relatng to arbtraton for the tme beng n force n Sarawak. (5) n any case where the Drector has decded to purchase such antquty or hstorcal object he shall be enttled to the custody and possesson of the same on behalf of the Government and shall be responsble for. ts recordng preservatve treatment and ultmate dsposal. 7.-(1) Save as provded n subsecton (3) the Drector shall pay to any person who dscovers and gves notce of hs dscovery of an antquty under secton 4 compensaton equal to the value thereof or shall renounce Government ownershp n the object and return t to the fnder who shall receve a certfcate of dscovery n such form as may be prescrbed. (2) Such value shall be fxed by agreement between the partes or n default of such agreement by submsson to arbtraton under the law relatng to arbtraton for the tme beng n force n Sarawak. (3) No compensaton shall be payable to the fnder of any antquty f- o (a) the dscovery of the antquty was made n contraventon of any provson of ths Ordnance; (b) the Drector s of the opnon that the antquty should be preserved n the place where t was found; or (c) the land on or n whch the antquty was dscovered n a State land.

11 DSCLAMER: As Member States provde natonal legslatons hyperlnks and explanatory notes (f any) UNESCO does not guarantee ther accuracy nor ther up-datng on ths web ste and s not lable for any ncorrect nformaton. COPYRGHT: All rghts reserved.ths nformaton may be used only for research educatonal legal and noncommercal purposes wth acknowledgement of UNESCO Cultural Hertage Laws Database as the source ( UNESCO). SARAWAK CULTURAL HERTAGE 9 PART EXCAVATON 8.-(1) No person shall dg or otherwse search for antqutes or hstorcal objects whether on hs own land or elsewhere unless he s n possesson of a vald lcence to excavale ssued by the Drector. (2) A lcence ssued under ths secton shall be granted for such perod and subject to such condtons as the Drector.may prescrbe: Provded that the Drector may at the expraton of any such lcence extend t for such further perod or perods as he shall deem ft. So search for antfutes or hstorcal obj~eu except UDder Uc.:::lC~. (3) Nothng heren contaned shall be deemed to authorse the nfrngement of any prvate rght or the contraventon of any law n force n Sarawa.~. " (4) Nether the Drector nor the Government shall ncur any lablty n respect of any loss sustaned by the person or of any damage caused to any person n the course of or as a result of anv excavaton carred on under the authorty of a lcence granted under ths Part by reason merely of the grant of such lcence. 9.-(1) n addton to any other condtons that COdtCDS may be prescrbed ether generally by rules made under o lm". secton 35 or by the Drector n any partcular case every lcence granted under the provsons of secton 8 shall be subject to the followng condtons- (a) the lcensee shall ta..\:e all reasonable measures for the preservaton of the antqutes or hstorcal objects dscovered by hm and f the preservaton of the antquty or hstorcal object be beyond the means of the lcensee he may apply to the Drector for assstance and the Mnster may f he thnks the antquty or hstorcal object merts t approve the necessary ad subject to such condtons as he may deem ft to mpose;

12 DSCLAMER: As Member States provde natonal legslatons hyperlnks and explanatory notes (f any) UNESCO does not guarantee ther accuracy nor ther up-datng on ths web ste and s not lable for any ncorrect nformaton. COPYRGHT: All rghts reserved.ths nformaton may be used only for research educatonal legal and noncommercal purposes wth acknowledgement of UNESCO Cultural Hertage Laws Database as the source ( UNESCO). - ~; h.~....:. ". l'." ~.: l ~:... ~';' ~... j ;;.:- {;~ --! ;~f ~ ; "t: _...-.".. ~..-!.~. : ~{'.'. ; r 1! ":! "".... ".'.'. '" 1 t : Dvson of antqutes and hstorcal objects. 10 SARAWAK CULTURAL HERTAGE (b) the lcensee shall carry out hs excavatons n a scentfc manner and to the satsfacton of the Drector; (c) at the close of the excavaton or at such other tmes as the Drector may requre the lcensee shall afford an opportunty to the Drector to dvde the antqutes or hstorcal objects so found n accordance wth the provsons of secton 10; (d) the lcensee shall wthn a reasonable tme depost wth the Drector any photographs squeezes or other reproductons whch the Drector may requre of antqutes or hstorcal objects fallng to the lcensee n such dvson. (2) n the event of a breach by a lcensee of any of the condtons upon whch a lcence to excavate s granted or of any of the provsons of ths Ordnance the Drector may forthwth suspend or cancel such lcence. 10.-(1) n makng the dvson provded for n secton 9(1) (c) the Drector shall wth the permsson of the Mnster retan for the Government all antqutes or hstorcal objects whch are n hs opnon desrable for the scentfc completeness of the Sarawak Museum or for the purpose of llustratng the hstory arts or crafts of Sarawak or of preservng the same as a cultural hertage of the people and as to the remander he may on behalf of the Government renounce ovo'1lershp. (2) The Drector shall pay to the lcensee as compensaton for any antquty or hstorcal object retaned for the Government a sum equvalent to the reward other than wages reasonably dsbursed by the excavator to the workers who found them: Provded that the compensaton shall not exceed the value of the antquty or hstorcal object found. n the case of dsagreement between the Drector and the lcensee as to the adequacy of the compensaton the matter shall be submtted to arbtraton under the law relatng to arbtraton for the tme beng n force n Sarawak..~'

13 DSCLAMER: As Member States provde natonal legslatons hyperlnks and explanatory notes (f any) UNESCO does not guarantee ther accuracy nor ther up-datng on ths web ste and s not lable for any ncorrect nformaton. COPYRGHT: All rghts reserved.ths nformaton may be used only for research educatonal legal and noncommercal purposes wth acknowledgement of UNESCO Cultural Hertage Laws Database as the source ( UNESCO). SARAWAK CULTURAL HERTAGE 11 ~ (3) Wthout prejudce to any compensaton payable under subsecton (2) the Drector may wth the approval of the Mnster transfer to the lcensee antqutes or hstorcal objects belongng to Government other than those the subject matter of the decson and shall regster such antqutes or hstorcal objects n the name of the lcensee. (4) The Drector shall ssue to the lcensee a certfcate of dscovery n respect of all those antqutes or hstorcal objects the ownershp of whch s renounced by hm under subsecton (). (5) f the dvson takes place on the feld of excavaton the cost of transport to the Sarawak Museum of any antquty or hstorcal object whch the Government may retan shall be borne by the lcensee unless the Mnster drects that the whole or part of such cost shall be borne by publc funds. PART V PROHBTON OF EXPORT AND SALE OF A:<TQUTtES AND HSTORlCAL OBJECTS 11.-(1) No person shall export from Sarawak any antquty unless he has obtaned from the Drector a lcence to export such antquty. (2) Every applcant for a lcence to export an antquty shall produce the certfcate of regstraton or dscovery of such antquty. E~pcr! of 3.ntcct~s prchb(~d ::u:~f{ ucd~r lc::o.::!. 12.-(1) Where an offcer authorsed n wntlng Pdl::UOQ by the Drector or any polce offcer or customs offcer ;;f.";:7 of has reason to beleve that any object whch s to be ob."~."' exported s an hstorcal object he may detan such object and forthwth report such detenton to the Drector. (2) f the Drector s satsfed that the hstorcal object ought to be preserved as a hertage for the people of Sarawak on account of ts artstc hstorcal cultural or tradtonal beauty nterest or value he may prohbt the export thereof. ~--.-

14 DSCLAMER: As Member States provde natonal legslatons hyperlnks and explanatory notes (f any) UNESCO does not guarantee ther accuracy nor ther up-datng on ths web ste and s not lable for any ncorrect nformaton. COPYRGHT: All rghts reserved.ths nformaton may be used only for research educatonal legal and noncommercal purposes wth acknowledgement of UNESCO Cultural Hertage Laws Database as the source ( UNESCO).. {.. 12 SARAWAK CULTJRAL HERTAGE..... ; : j : ; : Producton of lcence. Power of Drector to prohbt export of antqutes. 13. A lcence to expon any antquty shall be produced by the holder to the Drector or any offcer specally authorsed by hm on demand. 14. The Drector may wth the approval of the Mnster prohbt the exponaton from Sarawak of any antquty the retenton of whch n Sarawak he consders to be necessary or desrable n the nterest of preservng the cultural hertage of the people ;.j : Acquston of antquty or hstorcal object sought 10 be exported. 15.-(1) Where- (a) a lcence to expon any antquty has been refused; or (b) an hstorcal object S prohbted from beng exported on the ground that such antquty or hstorcal object should be acqured on behalf of the Government the Drector shall pay to the owner thereof a reasonable compensaton for such antquty or hstorcal object and thereupon the sad owner shall delver up the same to the Drector who may dspose or deal wth t n such manner as he deems ft.... Rght to nspect antqutes and hstorcal objccls. (2) Where there s any dspute between the Drector and the owner as to the reasonable compensaton for the antquty or hstorcal object the matter shall be submtted to arbtraton under the law relatng to arbtraton for the tme beng n force n Sarawak. 16. Any person n possesson of an antquty or hstorcal object shall at the request of the Drector permt the same to be nspected and studed at any reasonable tme by any person or offcer authorsed by the Drector n that behalf and shall gve to hm all reasonable facltes to make drawngs photographs or reproductons thereof by the makng of replcas casts or by any other means: Provded that any such drawng photograph or reproducton shall not be sold wthout the pror consent of the person n possesson of such antquty or hstorcal object. -...

15 .. ;:' DSCLAMER: As Member States provde natonal legslatons hyperlnks and explanatory notes (f any) UNESCO does not guarantee ther accuracy nor ther up-datng on ths web ste and s not lable for any ncorrect nformaton. COPYRGHT: All rghts reserved.ths nformaton may be used only for research educatonal legal and noncommercal purposes wth acknowledgement of UNESCO Cultural Hertage Laws Database as the source ( UNESCO). -_.._ ~ SARAWAK CUL11RAL HERTAGE (1) The Drector may wth the approval of Aumorsa t~e ~nster~ autho?se. the sale of any antquty or ~~: ~~' hstorcal object whch S the property of the Govern- ""tquly or ment and whch n the opnon of the Drector s not hb"loroal. f 0 ~eet. requred or the Sarawak Museum or to be preserved as a cultural hertage of the people. (2) A record of each such sale shall be kept by the Drector and every antquty or hstorcal object so purchased from the Drector shall be deemed to have been duly regstered under Part of ths Ordnance. 18.-(1) No person unless specfcally exempted by the Drector shall deal n antqutes or hstorcal objects unless he s n possesson of a dealer's lcence granted by the Drector. (2) A dealer of antqutes and hstorcal objects who apples for a dealer's lcence to the Drector shall submt a lstng of hs present stock nventory to be duly nspected and stamped by the Drector or any offcer duly authorsed n that behalf by the Drector. D.:aler's lc=nce.. r (3) Upon complance wth the requrements of subsecton (2) a dealer's lcence shall be ssued upon payment of such fee as may be prescrbed by rules made under secton 35. (e (4) Subsequent replenshment of the nventory and sales of stock shall be recorded and open to nspecton at any tme by the Drector or any offcer duly authorsed n that behalf by the Drector. (5) Nothng n ths secton contaned shall release any dealer from any oblgaton mposed under sectons and 15 relatng to exportaton of antqutes or hstorcal objects. 19.-(1) The Drector wth the approval of the Loo of Mnster may ma..\e loans or exchanooes of any antqutes Govornmol anuqwu~s or hstorcal objects belongng to the Government to or h"orc>! or wth learned socetes or museums or wth any objcts. specalst or expert and may authorse the exponaton of such antqutes or hstorcal objects from Sarawa..1c for such purposes.

16 DSCLAMER: As Member States provde natonal legslatons hyperlnks and explanatory notes (f any) UNESCO does not guarantee ther accuracy nor ther up-datng on ths web ste and s not lable for any ncorrect nformaton. COPYRGHT: All rghts reserved.ths nformaton may be used only for research educatonal legal and noncommercal purposes wth acknowledgement of UNESCO Cultural Hertage Laws Database as the source ( UNESCO) _.-. Acts prohbted n relaton 10 cc:nan buldng C:;J;cept under permt. 14 SARA\'AK CULTURAL HERTAGE (2).Au1y agreement for a loan under subsecton (1) shall contan adequate provsons for the preservaton nsurance and f the Drector consders necessary the return to Sarawak of the antqutes or hstorcal objects. L-PART V HSTORlC.U l..fonuments AND HSTORC.U STES 20.-(1) The Drector shall n consultaton wth the Mnster comple a regster of buldngs stuated n Sarawak whch- (a) were bult before the year 1940 and are of such hstorcal sgnfcance to warrant ther preservaton; or (b) are of specal archtectural artstc or cultural nterest or beauty; or (c) are closely assocated or connected wth a person or event mportant to the hstory of Sarawa.k. that n the opnon of the Drector ought to be retaned as a cultural hertage for the beneft of the people. (2).Au1y buldng entered by the Drector n the regster compled under subsecton (1) shall be deemed an hstorcal monument and the land upon whch the buldng s stuated shall be an hstorcal ste. (3) The regster compled under ths secton shall be open for nspecton by the publc upon payment of such fees as may be prescrbed by the Drector wth the approval of the Mnster. ct J : (a) the owner and (f the owner s not the occuper) the occuper of the buldng; (b) the local authorty havng jursdcton over that buldng; and (4) The Drector shall as soon as practcable after ncludng n the regster an entry relatng to any buldng notfy- "

17 DSCLAMER: As Member States provde natonal legslatons hyperlnks and explanatory notes (f any) UNESCO does not guarantee ther accuracy nor ther up-datng on ths web ste and s not lable for any ncorrect nformaton. COPYRGHT: All rghts reserved.ths nformaton may be used only for research educatonal legal and noncommercal purposes wth acknowledgement of UNESCO Cultural Hertage Laws Database as the source ( '.':-: ' UNESCO). '. _.:.~'" -~--~' -..:~---_. SARAWAK CULTURAL HERTAGE 15! ). r ee (c) the Drector of Lands and Surveys by notce n wrtng (to be called a preservaton notce) that the buldng shall not be demolshed dsmantled altered defaced or nterfered wth except n accordance wth a permt granted by the Drector. (5) The preservaton notce ssued under ths secton shall bnd all subsequent owners or occupers of the land upon whch the buldng s stuated and shall have the effect of a specal condton of ttle. (6) The owner or the lawful occuper of any buldng n respect of whch a preservaton notce has been served who wshes to obtan a permt for any of the purposes specfed n subsecton (4) shall apply to the Drector. (7) On recept of the applcaton the Drector may grant or refuse the applcaton subject to such terms and condtons as he may deem ft to mpose. (8) Where the Drector agrees to grant "the applcaton he may stpulate n the permt that the demolton dsmantlement alteraton or defacement of or nterference wth the buldng shall not take effect except wth the pror approval of the local authorty havng jursdcton over the buldng and only after the Drector had the opportunty of examnng t and make such records as he may deem necessary n respect thereof. (9) (a) Where the Drector refuses to grant the applcaton he may unless he frst obtans the consent n wrtng of the owner or the lawful occuper to agree to carry out the work for the mantenance preservaton or restoraton of the buldng pay the owner or the lawful occuper such sum of money as may be approved by the Mnster for the purpose of assstng the owner or the lawful occuper to carry out the work. (b) The local authorty shall be nformed n wrtng of such refusal and t shall gve effect to such refusal by not gvng approval to any buldng operaton prohbted under subsecton (4)..r " ---- "

18 DSCLAMER: As Member States provde natonal legslatons hyperlnks and explanatory notes (f any) UNESCO does not guarantee ther accuracy nor ther up-datng on ths web ste and s not lable for any ncorrect nformaton. COPYRGHT: All rghts reserved.ths nformaton may be used only for research educatonal legal and noncommercal purposes wth acknowledgement of UNESCO Cultural Hertage Laws Database as the source ( UNESCO).... (:." 16 SARAWAK CULTURAL HERTAGE.~.'..: :.." ":;. : d ;.. ~ ".!. (10) (a) A person aggreved by any decson of the Drector made under ths secton or under secton 21(3) may wthn fourteen (14) days after the date of beng notfed of such decson appeal to the Mnster who may confrm vary reverse or revoke such decson. (b) The decson of the :'1nster on the appeal shall be fnal. (11) Any person who- (a) carres out or causes or permts to be carred out any buldng operaton whch s prohbted under subsecton (4) wthout a permt granted by the Drector under that secton; or (b) contravenes or fals to comply wth subsecton (8); or (c) fals to carry Oul 2.J'y necessary work for the mantenance preservaton or restoraton of a buldng where the duty to provde for such facltes had been agreed upon and pad n accordance wth subsecton (9) ~.! shall be gulty of an offence: Penalty mprsonment for fve years and a fne of twenty thousand rnggt..:..'. Schedule of hstorcal modumeou' aod stes. 21.-(1) The Drector shall wth the approval of the Yang d-pertua Neger and subject to subsecton (4) publsh n the Gazerre a schedule of hstorcal monuments and hstorcal stes and may wth the lke approval make addtons or amendments thereto. (2) The Drector shall have the power to determne the lmts of any hstorcal monument or hstorcal ste.!! Ct (3) f any land or ste (wthout any buldng) s ntended by the Drector to be declared an hstorcal ste under subsecton () s or wthn a prvate land the Drector shall pror to the r.1akng of the declaraton serve on the owner and any lawful occuper of the prvate land a notce n wrtng of hs ntenton to declare the land or ste as an h srorcal ste ~:- ~. :..:.... ~ '. :..; :::;;::';';4;;..~~~~ ~ :;'~f ~.:

19 DSCLAMER: As Member States provde natonal legslatons hyperlnks and explanatory notes (f any) UNESCO does not guarantee ther accuracy nor ther up-datng on ths web ste and s not lable for any ncorrect nformaton. COPYRGHT: All rghts reserved.ths nformaton may be used only for research educatonal legal and noncommercal purposes wth acknowledgement of UNESCO Cultural Hertage Laws Database as the source ( UNESCO). S.-\RAWAK CULTURAL HERTAGE 17 (4) n the event that the owner or o~cuper of the land shall fal to lodge any appeal wthn the perod stpulated for appeal under secton 20(10) or f there shall be such appeal and the Mnster decdes to affnn the Drector's decson the Drector shall declare the land or ste an hstorcal' ste and cause the land or ste to be gazetted under subsecton (1). (5) The declaraton by the Drector under ths secton shall bnd all subsequent owners or occupers of the land and shall have the effect of a specal condton of ttle. (6) Where the Drector s desrous of acqurng for the purposes of ths Ordnance any land ste or monument whch s declared to be an hstorcal monument or an hstorcal ste under subsecton () the Drector may wth the approval of the Mnster acqure such land ste or monument for an undertakng whch s of publc nterest by compulsory acquston n accordance w th the provsons of Part Cap. 8/. V of the Land Code. (/958 Ed). ~. 22. No person shall wthout the permlsslon n wrtng of the Drector or other lawful authorty- (a) dg excavate buld plant or fell trees quarry. rrgate bum lme or do smlar work or depost earth or refuse on or n the mmedate neghbourhood of an hstncal monument or an hstorcal ste ncluded n the :;chedule publshed under secton 21 or establsh or extend a cemetery on an hstorcal ste so ncluded; (b) demolsh an hstorcal monument or dsturb obstruct modfy mark pull down or remove any such monument or any part thereof; (c) make alteratons addtons or repars to any hstorcal monument; or (d) erect buldngs or walls abuttng upon an hstorcal monument or an hstorcal ste. A.:.S prohjbjt~d n regard (0 hslorc3.l moou:n~llts and st~s. :! 23. Where any hstorcal monument or hstorcal ste s on prvate property the Drector may- Car:: of ruslcrcj.1 mooum.:nt5 and Sl::S...'"----_.....

20 DSCLAMER: As Member States provde natonal legslatons hyperlnks and explanatory notes (f any) UNESCO does not guarantee ther accuracy nor ther up-datng on ths web ste and s not lable for any ncorrect nformaton. COPYRGHT: All rghts reserved.ths nformaton may be used only for research educatonal legal and noncommercal purposes wth acknowledgement of UNESCO Cultural Hertage Laws Database as the source ( UNESCO). "'--'---.. : :.!!!.. --:. j '.. ":-!..!! : ~ '....! '..' ;.. : SARAWAK CULn'RAL HERTAGE Ca) make arrangements wth the owner or lessee for ts preservaton nspecton and mantenance and may wth the approval of the Mnster make a conubuton from publc funds towards.the cost of carryng out any works of repar or conservaton whch he deems necessary and whch the owner or lessee may be wllng to undertake: Provded that where the Drector so contrbutes towards the cost of carryng out such works they shall be performed subject to any condtons whch he may mpose; Cb) w th the approval of the Mnster purchase or lease the area where the hstorcal monument or hstorcal ste s stuated by prvate treaty; or Cc) n the case of an hstorcal monument remove wth the approval of the Mnster the whole or any part thereof makng good any damage done to the ste or to buldngs thereon by such removal and payng compensaton therefor: (. :.; Provded that the amount of such compensaton shall be fxed by agreement or n the case of dspute by arbtraton under the law relatng to arbtraton for the tme beng n force n Sarawak. nspecton of hstorcal moqumeols and stes. 24. The owner or lessee of an hstorcal monument or hstorcal ste shall at all reasonable tmes permt the Drector or any person or offcer authorsed by the Drector ether generally or specally n that behalf to enter upon the ste for nspecton or to carry out any study or work necessary for the mantenance or conservaton thereof: Provded that the lablry mposed by ths' secton shall arse only f such owner or lessee shall have receved not less than two days' notce n wrtng under the hand of. the Drector of any proposed entry. -_ ~-----

21 DSCLAMER: As Member States provde natonal legslatons hyperlnks and explanatory notes (f any) UNESCO does not guarantee ther accuracy nor ther up-datng on ths web ste and s not lable for any ncorrect nformaton. COPYRGHT: All rghts reserved.ths nformaton may be used only for research educatonal legal and noncommercal purposes wth acknowledgement of UNESCO Cultural Hertage Laws Database as the source ( UNESCO). SARAWAK CULTURAL HERTAGE 19 PART V TRADTONAL ARTS AND HANDCRAFT {) The Drector shall subject to the drectons Promoton of the Mnster and to such rules as may be made under ~~n~:d;;". secton 35 take such measures as may be expedent and or reasonably necessary- h""dmh. (a) to promote and where necessary to stmulate nterest and rehabltate sklls n tradtonal arts and handcraft; Cb) to develop mantan or enhance the standards and apprecaton of tradtonal arts and handcraft; (c) to preserve such tradtonal arts and handcraft whch ought to be preserved as a cultural hertage of the people; (d) to provde ncentves by way of awards grants or other forms of monetary rewards to any person or body of persons actvely nvolved n the promoton preservaton perpetuaton and development of tradtonal arts and handcraft; and (e) to establsh centres workshops and other facltes for the makng promoton exhbton dsplay development of and the dssemnaton of nformaton on tradtonal arts and handcraft.! (2) For the purpose of ths secton- "tradtonal arts and handcraft" means any work of art craft carvng handwork or product derved from manual skll whch s assocated wth or depctng the culture tradtons customs way of lfe and hstory of the natves and he varous communtes n Sarawak. PART V PENALTES 26.-(1) Any person who beng the fnder of an P"lt" antquty fals to report the antquty or to ta.1ce acton to protect t or to state the crcumstances of the

22 ". :.:. DSCLAMER: As Member States provde natonal legslatons hyperlnks and explanatory notes (f any) UNESCO does not guarantee ther accuracy nor ther up-datng on ths web ste and s not lable for any ncorrect nformaton. COPYRGHT: All rghts reserved.ths nformaton may be used only for research educatonal legal and noncommercal purposes wth acknowledgement of UNESCO Cultural Hertage Laws Database as the source ( UNESCO). :'t: " r.~ ; ~... j! ; 20 SARAWAK CULTURAL HERTAGE dscovery of the orgn of the antquty or wlfully makes a false statement of such crcumstances or such orgn shall be gulty of an offence: Penalty mprsonment for two years and a fne of ten thousand rnggt. (2) Any person who fals to gve reasonable facltes to an offcer of the Government or any person or offcer authorsed by the Drector to nspect copy study and make drawngs photographs squeezes or other reproductons of an antquty or hstorcal object or to enter and carry out any necessary work for the mantenance and conservaton lbereof where the duty to gve such facltes s mposed under ths Ordnance shall be gulty of an offence: Penalty a fne of two thousand rnggt. (3) Any person not beng the holder of an lcence to excavate granted under secton 8 who dgs for 'antquty or hstorcal object or demolshes any ancent walls or other structures or objects whch are antqutes or hstorcal objects wthn the meanng of ths Ordnance whether above or below the ground even though these acts are done upon land of whch he s the owner or lessee shall be gulty of an offence: Penalty mprsonment for two years and a fne of ten thousand rnggt. (4) Any person who not beng the holder of a lcence to export granted under secton 11 exports or attempts to export any antquty shall be gulty of an offence: Penalty mprsonment for fve years and a fne of twenty thousand rnggt. (5) Any person who exports or attempts to export an antquty or hstorcal object the exportaton of whch has been prohbted n accordance wth the provsons of secton 12(2) or 14 shall be gulty of an offence: Penalty mprsonment for fve years and a fne of twenty thousand rnggt. (6) Any person who commts an offence aganst any of the provsons of secton 22 shall be gulty of an offence: Penalty mprsonment for one 'year and a fne of three thousand rnggt...- '--'~--'... f't.._------".~--_.

23 0 DSCLAMER: As Member States provde natonal legslatons hyperlnks and explanatory notes (f any) UNESCO does not guarantee ther accuracy nor ther up-datng on ths web ste and s not lable for any ncorrect nformaton. COPYRGHT: All rghts reserved.ths nformaton may be used only for research educatonal legal and noncommercal purposes wth acknowledgement of UNESCO Cultural Hertage Laws Database as the source ( UNESCO) _.. SARAWAK CULTURAL HERTAGE 21 (7) Any person who fals to regster an antquty n accordance wth the provsons of Pan of ths Ordnance shall be gulty of an offence: Penalty mprsonment for two years and a fne of ten thousand rnggt: Provded that nothng heren shall apply to the owner or lessee of land on whch an antquty has remaned undscovered f the owner or lessee reports such antquty to the Drector or hs deputy as soon as t s found. (8) Any person who sells or otherwse dsposes of an antquty or hstorcal object contrary' to the provsons of secton 6 shall be gulty of an offence: Penalty mprsonment for fve years and a fne of twenty thousand rnggl. (9) Any person who malcously or neglgently destroys njures defaces dsplaces dsrurbs or dsfgures any antquty n hs possesson or regstered under secton 5 or any antquty or hstorcal object n respect of whch a notce under secton 6(2) has been gven' shall be gulty of an offence: Penalty mprsonment for one year and a fne of three thousand rnggl. (10) When any notce under ths Ordnance or any rules made hereunder requres any act to be done or work to be executed by any person and the person fals to comply wth the requrements of the notce he shall be gulty of an offence and shall on convcton where no fne s specally provded be lable to a fne of three thousand rnggt and to a further fne of fve hundred rnggt for each day that the offence contnues after convcton. (11) Any person who by any act or omsson contravenes or fals to comply wth any of the provsons of ths Ordnance or of any rules made hereunder shall be gulty of an offence and f no penalty s expressly provded shall on convcton be lable to mprsonment for one year and a fne of three thousand rnggl. (12) Where an offence under ths Ordnance or any rules made hereunder has been commtted by t!

24 DSCLAMER: As Member States provde natonal legslatons hyperlnks and explanatory notes (f any) UNESCO does not guarantee ther accuracy nor ther up-datng on ths web ste and s not lable for any ncorrect nformaton. COPYRGHT: All rghts reserved.ths nformaton may be used only for research educatonal legal and noncommercal purposes wth acknowledgement of UNESCO Cultural Hertage Laws Database as the source ( UNESCO). 22 SARAWAK CULllJRAL HERTAGE -c '.' 1 :: 1 ~: : -- f j : -.!... "' ~.... ;! 1 Forfelure. -:-'- Compoundng of offences. Who may prosecute. a body corporate any person who at the tme of the commsson of the offence was a drector manager secretary or other smlar offcer of the body corporate or was purportng to act n such capacty shall as well as such body corporate be deemed to be gulty of that offence. 27. n every case where a person s found gulty of an offence aganst ths Ordnance any antquty or hstorcal object n respect of whch such offence s commtted may by order of the court be forfeted to Government. 28.-(1) The Drector or any offcer authorsed n wrtng n that behalf by the Drector may compound any offence commtted under ths Ordnance or any rules made hereunder by acceptng from the person reasonably suspected of havng commtted such offence a sum of money not exceedng one thousand rnggt. (2) The manner of compoundng the offences shall be prescrbed by rules made under secton Proceedngs for any offence aganst ths Ordnance or any rules made hereunder may be conducted by the Drector or any offcer duly authorsed n that behalf by the Drector. PART VD MSCELLANEOUS Appeal. 30.-(1) Whenever any person s dssatsfed wth the exercse of any dscreton gven to the Drector by or under ths Ordnance or wth any acton ot decson of the Drector ether as to the carryng out or as to the meanng of any of the provsons of ths Ordnance or whenever any of the provsons of ths Ordnance are owng to specal condtons undesrable the person so dssatsfed may unless express provson s made for reference to arbtraton appeal to the Mnster who f n hs opnon the exercse of such dscreton or such acton or decson requres modfcaton revocaton or settng asde or such specal condtons exst as render any such provson undesrable may make such order n respect thereof as may be just <-._---- '. >".".".~;:.:?::r:;; ':...'..

25 DSCLAMER: As Member States provde natonal legslatons hyperlnks and explanatory notes (f any) UNESCO does not guarantee ther accuracy nor ther up-datng on ths web ste and s not lable for any ncorrect nformaton. COPYRGHT: All rghts reserved.ths nformaton may be used only for research educatonal legal and noncommercal purposes wth acknowledgement of UNESCO Cultural Hertage Laws Database as the source ( UNESCO). SARAWAK CULTJRAL HERTAGE 23 G)' ;.1!! (2) The grounds of such appeal shall be concsely stated n wrtng and shall be delvered to the Mnster who shall determne the matter n the absence of and wthout further reference to the Drector. (3) The Permanent Secretary of the Mnstry responsble for the Sarawak Museum shall furnsh the appellant wth a copy of the evdence and documents submtted by the Drector for the consderaton of the Mnster. 31. The Drector may wth the pror approval of Ddgato the Mnster n wrtng generally or specally authorse of pow". the exercse performance or dscharge of any of hs powers dutes or functons under ths Ordnance or rules made hereunder by any other offcer. 32. No acton or prosecuton shall be brought nsttuted or mantaned n any court aganst the Drector any person or offcer authorsed under ths Ordnance for or on account of or n respect of any act ordered or done for the purpose of carryng nto effect ths Ordnance and no sut or prosecuton shall le n any court aganst any other person for or on account of or n respect of any act done or purported to be done by hm under the order drecton or nstructon of the Drector any such person or offcer f the act was done n good fath and n a reasonable belef that t was necessary for the purpose ntended to be served thereby. Protecton of offcers and persoqs actng und~r drecton of offcers. 33. Any person actng for and on behalf of or Publc under the drecton of the Drector under ths Ordnance "mo". shall be deemed to be a publc servant wthn the meanng F}rf.S. Cap of the Penal Code. 34. The Drector may wth the approval of the Mnster by order drect that any person or class or descrpton of persons specfed n the order shall be exempt from the operaton of ths Ordnance or any rules made hereunder or any part thereof. Ex~mpton. 35.-(1) The Mnster may wth the approval of Rub. the Yang d-pertua Neger make rules generally for carryng out the provsons of ths Ordnance and n partcular such rules may provde for-

26 .... DSCLAMER: As Member States provde natonal legslatons hyperlnks and explanatory notes (f any) UNESCO does not guarantee ther accuracy nor ther up-datng on ths web ste and s not lable for any ncorrect nformaton. COPYRGHT: All rghts reserved.ths nformaton may be used only for research educatonal legal and noncommercal purposes wth acknowledgement of UNESCO Cultural Hertage Laws Database as the source ( UNESCO). j! j 24 SARAWAK CULTJRAL HERTAGE (a) determnng the condtons and the fees f any upon whch lcences or permts under ths Ordnance may be ssued or granted; ;;..!.)! :j. :j :' ". (b) governng the regstraton of antqutes; (c) prescrbng the forms necessary for the mplementaton of ths Ordnance; (d) governng the grant of dealer's lcence or of lcences to export antqutes or of permts to export hstorcal objects or any other lcences or permts whch are requred to be prescrbed or whch may be prescrbed under ths Ordnance; (e) gvng ncentves or due recognton to tradtonal craftsmen; (j) developng preservng and perpetuatng tradtonal arts and handcraft;!./}..... ;' (g) establshng a specal fund to be employed for the purpose of defrayng expenses for the mantenance preservaton or restoraton of buldngs monuments or stes regstered under secton 20 or ncluded n the schedule publshed under secton 21 and such other expendture as the Drector may properly ncur n carryng out hs functons and exercsng hs powers under ths Ordnance and generally for the purpose of payng any expenses for carryng nto effect the provsons of ths Ordnance; (h) regulatng the demolton or alteraton of any buldng operaton approved under secton 20; ) () regulatng the conduct of excavatons and searches for antqutes; (j) provdng for the management and control of antqutes hstorcal objects monuments and stes; (k) mposuon of penaltes for contravenng any rules made under ths secton whch penaltes shall not exceed one year's mprsonment and a fne of three thousand rnggt;.._------_._-