LAWS OF SARAWAK - Building peace in the minds … · 3 LAWS OF SAR~WAK Chapter 6 SAR~WAK CULTUR~L HERITAGE ORDINAACE, 1993 An Ordinance to make berrer provisions for rhe preservation

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LAWS OF SARAWAK

Chapter 6

SARAWAK CULTURAL HERITAGEORDINANCE, 1993

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DISCLAIMER: As Member States provide national legislations, hyperlinks and explanatory notes (if any), UNESCO does not guarantee their accuracy, nor their up-dating on this web site, and is not liable for any incorrect information. COPYRIGHT: All rights reserved.This information may be used only for research, educational, legal and non-

commercial purposes, with acknowledgement of UNESCO Cultural Heritage Laws Database as the source (© UNESCO).

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Dale Passed by Dewan UndanganNegeri .

Date of Assent ...

Date of Publication ill Gazette

16th November, 1993

1st December, 1993

13th December, 1993

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1

LAWS OF SARAWAK

Chapter 6

SARAWAK CULTURAL HERITAGEORDINANCE, 1993

ARRANGEMENT OF SECTIONS

PART I

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PART II

!'RELo.lINARY

Short title, commencement and application.

Interpretation.

PRoHIBmoN OF EXPORT A.'TI SALE OF A'T1QvmESA...."D HISTORIC.J,L OBJECTS

Export of antiquities prohibited except under licence.

Prohibition of export of historical object.

Production of licence.

Power of Director to prohibit export of antiquities.

Acquisition of antiquity or historical object sought tobe exported.

Right to inspect antiquities and historical objects.

Authorisation for sale of antiquity or historical object.

Dealer's licence.

Loan of Government antiquities or historical objects.

EXCAVATION

No search for antiquities or historical objects except underlicence.

Conditions of licences.

Division of antiquities and historical objects.

PART IV

DISCOVERY OF, ""TI PROPERTY 1)/, A'TIQumES

3. Antiquities and historical monuments to be the property ofthe Government.

4. Discovery of antiquities.

5. Antiquities to be registered.

6. Sale or disposal of antiquities and historical objects.

7. Compensation to fmder of antiquities.

PART III

SectionL

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13.

14.

15.

16.

17.

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2 SARAWAK CULTURAL HERITAGE

PART V

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HIsroRlCAL MOSL"MaTS Al,1) HIsroRlCAL SITES

Section

20. Acts prohibited in relation to certain building except underpermit

21. Schedule of historical monuments and sites.

22. Acts prohibited in regard 10 historical monuments and sites.

23. Care of historical monuments and sites.

24. Inspection of historical monuments and sites.

PART VI

TluDmosAL ARTS },h1) HA.'iDICRAFT

25. Promotion of traditional arts and handicraft.

PART vn

C)

26.

27.

28.29.

Penalties.

ForfeilUre.

Compounding of offences.

Who may prosecute.

PART VIII

30.

31.

32.

Appeal.

Delegation of powers.

Protection of officers and persons acting under directionof officers.

33. Public servants.

34. Exemption.

35. Rules.

36. Repeal and saving.



3

LAWS OF SAR~WAK

Chapter 6

SAR~WAK CULTUR~L HERITAGEORDINAACE, 1993

An Ordinance to make berrer provisions for rhepreservation of antiquities, monuments and sires ofculrural, archaeological, arch irecrural, arrisric, reli·gious or rradirional interesr or value for the benefit ofthe State and as a herirage of the people; and for mattersconnected therewirh or incidenral thereto.

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Enacted by the Legislature of Sarawak

PART I

F'RELc.n:-;ARY

·1.-(1) This Ordinance may be cited as theSarawak Cultural Heritage Ordinance, 1993, and shallcome into force on such~ date as the Minister may. bynotification in the Gazette, appoint.

(2) This Ordinance shall apply to all antiquities,ancient and historical monuments and records andarchaeological sites and remains other than thosedeclared to be Federal by or under Federal law.

2.-(1) In this Ordinance

"antiquity" means-

(a) any object. whether movable orimmovable or a pm of the soil, which hasbeen constructed, shaped, painted. carved.inscribed. erected or otherwise produced ormodified by human agency and which is oris reasonably believed to be at least onehundred years old;

(b) any pan of any such object whichhas been excavated, modified, added to,reconstructed or restored;

Short titl~,

commencement andawUcatioo.

Interpreutioo.

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4 SARAWAK CULruRAL HERITAGE

(c) any human. plant or animal remainsor impressions which is or is reasonablybelieved to be at least one hundred years old;and

(cl) any other object which in the opinionof the Director is of outstanding historic,artistic, cultural or traditional interest or valueand ought to be preserved as a heritage of thepeople of Sarawak;

"building" means any building, structure orwork (whether above or below the surface of theland or I'{ater), monument. commemorative statuteor memorial;

"dealer" means any person who acquiresantiquities or historical objects for resale, trade orother activity carried on for the purpose of gain;

"Director" means the Director of the SarawakMuseum;

"historical monument" means any monumentwhich is or is reasonably believed to be at leastone hundred years old or which is declared ordeemed under the provisions of Part V of thisOrdinance to be a historical monument;

"historical object" means any artefact or otherobject to which religious, traditional, cultural,artistic or historical interest or value is attachedand includes any-

(a) ethnographic material such as ahousehold, trade or agricultural implement.tool or equipment, decorative article, personalornament;

(b) work of art or craft such as acarving, sculpture, painting, architecture, textile, musical instrument, weapon and anyother handicraft;

(c) manuscript, coin, currency note,medal, badge, insignia, coat of arm, crest,flag, arm, armour or any article of symbolicsignificance and importance;

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SARAWAK CULTURAL HERITAGE 5

is to bereligious,or value;

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(d) vehicle, ship and boat or any otherarticle or object in part or in whole, whoseproduction have ceased,

which in the opinion of the Directorpreserved by reason of its cultural,traditional, artistic or historic interestas a heritage of the people.;

"historical site" means any place, site or areawhich is, in the opinion of the Director, tobe preserved by reason of its archaeological,palaeontological, religious, traditional or historicinterest or value and declared under section 21to be an historical site;

"Minister" means the Minister charged withthe responsibility for the Sarawak Museum;

"monument" means any temple, mosque, church,building, port, earthwork, standing stone, keramnt,cave or other structure, erection or excavation, andany tomb, tumulus or other place of interment orany other immovable property of a like nature orany part or remains of the same, which oughtto be preserved as a heritage of the peopleby reason of the cultural, architectural, archaeological, religious, historic, traditional interest orvalue attaching thereto; and inCludes any part ofthe site of any monument and such portion ofland adjoining such site as may be requiredfor fencing, covering in, cordoning off or otherwisepreserving any monument from damage, and alsoincludes the means of access thereto.

(2) For the purpose of deciding whether anyobject is or is not an antiquity or an historicalobject, the Director may examine it and may seek theassistance of any person whom he considers to becompetent or qualified to help him with the investigation and examination.

(3) Without prejudice to the provisions for appealto the Minister under section 30. the decision of theDirector whether any object is or is not an antiquityor an historical object within the meaning of thisOrdinance shall be final.

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(4) The Minister may give to the Directordirections of a general character (not inconsistentwith this Ordinance) as to the exercise of the functionsof the Director under this Ordinance, and the Directorshall give effect to any directions so given.

(5) In the Ordinance, a reference to the Yang diPertua Negeri shall be construed as a reference to theYang di-Pertua Negeri acting in accordance with theadvice of the Majlis Mesyuarat Kerajaan Negeri or ofa member thereof acting under the general authority ofthe Majlis.

PART II oAntiquitiesaodhistoricalmonuments10 be thepropeny ofthe Government.

DISCOVERY OF, .....,1) PROPERTY IN, ANTIQUITIES

3.-(1) Every antiquity found in Sarawak subsequent to the 1st day of October, 1954, shall, subjectto the provision of section 9(1) (c), be the propertyof the GovernmenL

(2) Every historical monument which on or afterthe date of the coming into force of this Ordinanceis not owned by any person or the control of whichis not vested in any person as a trustee or manager,shall be deemed to be the absolute property of theGovernment.

Disco,",')' of 4.-(1) Any person who discovers any object oraotiquities. monument which he has reason to believe to be

an antiquity shall forthwith give notice of his discoveryto the Director or to the District Officer of the Districtwherein the antiquity was discovered, and shall take allreasonable care and precautions and exercise all duedeligence to avoid or prevent damage or loss to theantiquity and, if it is practicable so to do, shall deliverthe antiquity to the Director or the District Officer, whoshall issue a receipt therefor.

(2) If the District Officer has reason to believethat any object discovered in his District is an antiquity,he may by notice in writing require the person havingpossession thereof, if it is practicable so to do, to deliverthe same forthwith to him and the District Officer onreceiving such object shall give a receipt therefor.




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(3) A District Officer receiving notice under subsection (I) shall communicate the same to the Director.

(4) Where any object has been delivered toa District Officer under subsection (I) or (2) orwhere the District Officer has reason to believe thatany object discovered in his District is an antiquity,he shall give notice thereof to the Director.

5.-(1) Any person other than a native of Sarawak Antiqu;ti"

in possession of any antiquity shall register such to be d

antiquity \vith the Director or any offic;r specially reg'se", .

authorised by him in such manner and at such timesas may be prescribed by rules made under section 35.

(2) Certificates of registration in such form asmay be prescribed by rules made under section 35 shallbe issued by the Director, or any officer speciallyauthorised by him, in respect of antiquities registeredunder subsection (I), and such certificates shall, untilthe contrary is proved, be proof of ownership.

6.-(1) Any person wishing to sell or otherwise S,J, or

dispose of an antiquity shall give notice of the pro- disposal of... a[lt.iquiti~s

posed transaction to the Director or, if such person is and

a native of Sarawak, to a District Officer, who shall ru~.'"ri,aJ

forthwith inform the Director thereof. 0 ~''''.

(2) The Director may by notice in writing requireany person in possession of or lawfully entitled to sellor dispose of any antiquity or any historical object notto sell or otherwise dispose of any such antiquity orhistorical object without giving notice in writing to himof such proposed transaction.

(3) No person shall sell or otherwise dispose of

(a) any antiquity; or

(b) any historical object,

in respect of which a notice under subsection (2) hasbeen given by the Director, until after a lapse of thirtydays after the giving of notice by such person ofhis intention to sell or otherwise dispose of the antiquityor historical object and, in the meanwhile, it shall be

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(4) Such price shall. be fixed by agreementbetween the parties or, in default of such agreement,by submission to arbitration under the law relating toarbitration for the time being in force in Sarawak.

lawful for the Director to purchase such antiquity orhistorical object at a reasonable price, notwithstandingany agreement which the owner may have entered intowith another person.

(5) In any case where the Director has decidedto purchase such antiquity or historical object, he shallbe entitled to the custody and possession of the sameon behalf of the Government and shall be responsiblefor. its recording, preservative treatment and ultimatedisposal.

7.-(1) Save as provided in subsection (3), theDirector shall pay to any person who discovers andgives notice of his discovery of an antiquity undersection 4 compensation equal to the value thereof, orshall renounce Government ownership in the object andreturn it to the finder, who shall receive a certificateof discovery in such form as may be prescribed.

SARAWAK CULTURAL HERITAGE8

Compeosation 10

finder ofantiquities.

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(2) Such value shall be fixed by agreementbetween the parties or, in default of such agreement,by submission to arbitration under the law relating toarbitration for the time being in force in Sarawak.

(3) No compensation shall be payable to thefinder of any antiquity if-

(a) the discovery of the antiquity wasmade in contravention of any provision of thisOrdinance;

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(b) the Director is of the opinion that theantiquity should be preserved in the place whereit was found; or

(c) the land on or in which the antiquity wasdiscovered in a State land.



SARAWAK CULTURAL HERITAGE

PART III

EXCAVATION

9

8.-(1) No person shall dig or otherwise searchfor antiquities or historical objects, whether on his ownland or elsewhere, unless he is in possession of a validlicence to excavale issued by the Director.

(2) A licence issued under this section shall begranted for such period and subject to such conditionsas the Director .may prescribe:

Provided that the Director may, at the expirationof any such licence, extend it for such further periodor periods as he shall deem fit.

(3) Nothing herein contained shall be deemed toauthorise the infringement of any private right or thecontravention of any law in force in Sarawa.~.

(4) Neither the Director nor the Government shallincur any liability in respect of any loss sustained bythe person or of any damage caused to any person inthe course of or as a result of anv excavation carriedon under the authority of a licence granted under thisPart by reason merely of the grant of such licence.

So searchforantiifuitiesor historicalobj~eu

except UDderUc.:::lC~.

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9.-(1) In addition to any other conditions that CO,ditiCDS

may be prescribed, either generally by rules made under oi lim",.

section 35 or by the Director in any particular case,every licence granted under the provisions of section8 shall be subject to the following conditions-

(a) the licensee shall ta..\:e all reasonablemeasures for the preservation of the antiquities orhistorical objects discovered by him and, if thepreservation of the antiquity or historical objectbe beyond the means of the licensee, he mayapply to the Director for assistance, and theMinister may, if he thinks the antiquity or historicalobject merits it, approve the necessary aid subjectto such conditions as he may deem fit to impose;



10.-(1) In making the division provided for insection 9(1) (c) the Director shall, with the permissionof the Minister, retain for the Government all antiquitiesor historical objects which are in his opinion desirablefor the scientific completeness of the Sarawak Museumor for the purpose of illustrating the history, arts orcrafts of Sarawak or of preserving the same as acultural heritage of the people, and, as to the remainder,he may on behalf of the Government renounce oVo'1lership.

(2) The Director shall pay to the licensee, ascompensation for any antiquity or historical objectretained for the Government, a sum equivalent to thereward, other than wages, reasonably disbursed by theexcavator to the workers who found them:

(b) the licensee shall carry out his excavations in a scientific manner, and to the satisfactionof the Director;

(c) at the close of the excavation, or atsuch other times as the Director may require, thelicensee shall afford an opportunity to the Directorto divide the antiquities or historical objects sofound in accordance with the provisions ofsection 10;

(d) the licensee shall, within a reasonabletime, deposit with the Director any photographs,squeezes or other reproductions which the Directormay require of antiquities or historical objectsfalling to the licensee in such division.

(2) In the event of a breach by a licensee of anyof the conditions upon which a licence to excavate isgranted or of any of the provisions of this Ordinance,the Director may forthwith suspend or cancel suchlicence.

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Provided that the compensation shall not exceedthe value of the antiquity or historical object found.In the case of disagreement between the Director andthe licensee as to the adequacy of the compensation,the matter shall be submitted to arbitration under thelaw relating to arbitration for the time being in forcein Sarawak.




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(3) Without prejudice to any compensation payable under subsection (2) the Director may, with theapproval of the Minister, transfer to the licenseeantiquities or historical objects belonging to Government, other than those the subject matter of thedecision, and shall register such antiquities or historicalobjects in the name of the licensee.

(4) The Director shall issue to the licensee acertificate of discovery in respect of all those antiquitiesor historical objects the ownership of which is renouncedby him under subsection (I).

(5) If the division takes place on the field ofexcavation, the cost of transport to the Sarawak Museumof any antiquity or historical object which the Government may retain shall be borne by the licensee, unlessthe Minister directs that the whole or part of such costshall be borne by public funds.

PART IV

PROHIBITION OF EXPORT AND SALE OF

A:<TIQUITtES AND HISTORlCAL OBJECTS

11.-(1) No person shall export from Sarawak anyantiquity unless he has obtained from the Director alicence to export such antiquity.

(2) Every applicant for a licence to export anantiquity shall produce the certificate of registration ordiscovery of such antiquity.

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12.-(1) Where an officer authorised in wntlng P,dli::IUOQ

by the Director or any police officer or customs officer ;;f.,";:7 of

has reason to believe that any object which is to be ob.i"~."'exported is an historical object he may detain suchobject and forthwith report such detention to theDirector.

(2) If the Director is satisfied that the historicalobject ought to be preserved as a heritage for thepeople of Sarawak, on account of its artistic, historical,cultural or traditional beauty, interest or value, he mayprohibit the export thereof.



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12 SARAWAK CULTIJRAL HERITAGE

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Productionof licence.

Power ofDirector toprohibitexport ofantiquities.

Acquisitionof antiquityor historicalobjectsought 10be exported.

Right toinspectantiquitiesandhistoricalobjccLS.

13. A licence to expon any antiquity shall beproduced by the holder to the Director, or any officerspecially authorised by him, on demand.

14. The Director may, with the approval of theMinister, prohibit the exponation from Sarawak ofany antiquity, the retention of which in Sarawakhe considers to be necessary or desirable in the interestof preserving the cultural heritage of the people.

15.-(1) Where-

(a) a licence to expon any antiquity hasbeen refused; or

(b) an historical object IS prohibited frombeing exported,

on the ground that such antiquity or historical objectshould be acquired on behalf of the Government, theDirector shall pay to the owner thereof a reasonablecompensation for such antiquity or historical object andthereupon the said owner shall deliver up the same tothe Director who may dispose or deal with it in suchmanner as he deems fit.

(2) Where there is any dispute between theDirector and the owner as to the reasonable compensation for the antiquity or historical object, the mattershall be submitted to arbitration under the law relatingto arbitration for the time being in force in Sarawak.

16. Any person in possession of an antiquity orhistorical object shall, at the request of the Director,permit the same to be inspected and studied at anyreasonable time by any person or officer authorised bythe Director in that behalf, and shall give to him allreasonable facilities to make drawings, photographs orreproductions thereof, by the making of replicas, castsor by any other means:

Provided that any such drawing, photograph orreproduction shall not be sold without the prior consentof the person in possession of such antiquity orhistorical object.

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SARAWAK CUL11IRAL HERITAGE 13

17.-(1) The Director may, with the approval of Aumorisa·

t~e ~inister~ autho?se. the sale of any antiquity or ~~: ~~'historical object which IS the property of the Govern- ""tiquily or

ment and which, in the opinion of the Director, is not hib"lorioal. f 0 ~eet.reqUired or the Sarawak Museum or to be preservedas a cultural heritage of the people.

(2) A record of each such sale shall be kept bythe Director, and every antiquity or historical object sopurchased from the Director shall be deemed to havebeen duly registered under Part II of this Ordinance.

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18.-(1) No person, unless specifically exemptedby the Director, shall deal in antiquities or historicalobjects unless he is in possession of a dealer's licencegranted by the Director.

(2) A dealer of antiquities and historical objectswho applies for a dealer's licence to the Director shallsubmit a listing of his present stock inventory to beduly inspected and stamped by the Director or anyofficer duly authorised in that behalf by the Director.

(3) Upon compliance with the requirements ofsubsection (2), a dealer's licence shall be issued uponpayment of such fee as may be prescribed by rulesmade under section 35.

(4) Subsequent replenishment of the inventoryand sales of stock shall be recorded and open toinspection at any time by the Director or any officerduly authorised in that behalf by the Director.

(5) Nothing in this section contained shall releaseany dealer from any obligation imposed under sections11, 13 and 15 relating to exportation of antiquities orhistorical objects.

D.:aler'slic=nce.

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19.-(1) The Director, with the approval of the Lo,o of

Minister, may ma..\e loans or exchanooes of any antiquities Govornm,ol•• • anuqwu~s

or historical objects belonging to the Government to or hi"oriC>!

or with learned societies or museums, or with any obj,cts.

specialist or expert, and may authorise the exponationof such antiquities or historical objects from Sarawa..1cfor such purposes.



14 SARA\I'AK CULTURAL HERITAGE

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Actsprohibitedin relation10 cc:nainbuildingC:;J;cept underpermit.

(2) .Au1y agreement for a loan under subsection(1) shall contain adequate provisions for the preservation, insurance and, if the Director considers necessary,the return to Sarawak of the antiquities or historicalobjects.

L-PART V

HISTORlC.U l.,.foNUMENTS AND HISTORIC.U SITES

20.-(1) The Director shall, in consultation withthe Minister, compile a register of buildings situatedin Sarawak which-

(a) were built before the year 1940 and areof such historical significance to warrant theirpreservation; or

(b) are of special architectural, artistic orcultural interest or beauty; or

(c) are closely associated or connected witha person or event important to the history ofSarawa.k.,

that in the opinion of the Director ought to be retainedas a cultural heritage for the benefit of the people.

(2) .Au1y building entered by the Director in theregister compiled under subsection (1) shall be deemedan historical monument and the land upon whichthe building is situated shall be an historical site.

(3) The register compiled under this section shallbe open for inspection by the public upon payment ofsuch fees as may be prescribed by the Director withthe approval of the Minister.

(4) The Director shall, as soon as practicableafter including in the register an entry relating to anybuilding, notify-

(a) the owner and (if the owner is not theoccupier) the occupier of the building;

(b) the local authority having jurisdictionover that building; and

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(c) the Director of Lands and Surveys,

by notice in writing (to be called a preservation notice)that the building shall not be demolished, dismantled,altered, defaced or interfered with, except in accordancewith a permit granted by the Director.

(5) The preservation notice issued under thissection shall bind all subsequent owners or occupiersof the land upon which the building is situated andshall have the effect of a special condition of title.

(6) The owner or the lawful occupier of anybuilding, in respect of which a preservation notice hasbeen served, who wishes to obtain a permit for anyof the purposes specified in subsection (4), shall applyto the Director.

(7) On receipt of the application, the Director maygrant or refuse the application subject to such termsand conditions as he may deem fit to impose.

(8) Where the Director agrees to grant "theapplication, he may stipulate in the permit that thedemolition, dismantlement, alteration or defacement of,or interference with, the building shall not take effectexcept with the prior approval of the local authorityhaving jurisdiction over the building and only after theDirector had the opportunity of examining it and makesuch records as he may deem necessary in respectthereof.

(9) (a) Where the Director refuses to grant theapplication, he may, unless he first obtains the consentin writing of the owner or the lawful occupier to agreeto carry out the work for the maintenance, preservationor restoration of the building, pay the owner or thelawful occupier such sum of money, as may be approvedby the Minister, for the purpose of assisting the owneror the lawful occupier to carry out the work.

(b) The local authority shall be informed inwriting of such refusal and it shall give effect to suchrefusal by not giving approval to any building operationprohibited under subsection (4).

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(10) (a) A person aggrieved by any decision ofthe Director made under this section or under section21(3) may, within fourteen (14) days after the date ofbeing notified of such decision, appeal to the Ministerwho may confirm, vary, reverse or revoke suchdecision.

(b) The decision of the :'1inister on the appealshall be final.

(11) Any person who-

(a) carries out or causes or permits to becarried out any building operation which isprohibited under subsection (4) without a permitgranted by the Director under that section; or

(b) contravenes or fails to comply with subsection (8); or

(c) fails to carry Oul 2.J'y necessary work forthe maintenance, preservation or restoration of abuilding, where the duty to provide for suchfacilities had been agreed upon and paid inaccordance with subsection (9),

shall be guilty of an offence: Penalty imprisonment forfive years and a fine of twenty thousand ringgit.

21.-(1) The Director shall, with the approval ofthe Yang di-Pertua Negeri, and subject to subsection(4), publish in the Gazerre a schedule of historicalmonuments and historical sites and may, with the likeapproval, make additions or amendments thereto.

(2) The Director shall have the power to determine the limits of any historical monument or historicalsite.

(3) If any land or site (without any building) isintended by the Director to be declared an historicalsite under subsection (I) is or within a private land,the Director shall, prior to the r.1aking of the declaration, serve on the owner and any lawful occupier ofthe private land a notice in writing of his intention todeclare the land or site as an hi·srorical site.

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S.-\RAWAK CULTURAL HERITAGE 17

(4) In the event that the owner or o~cupier ofthe land shall fail to lodge any appeal within the periodstipulated for appeal under section 20(10) or if thereshall be such appeal and the Minister decides to affinnthe Director's decision, the Director shall declare theland or site an historical' site and cause the land orsite to be gazetted under subsection (1).

(5) The declaration by the Director under thissection shall bind all subsequent owners or occupiersof the land and shall have the effect of a specialcondition of title.

(6) Where the Director is desirous of acquiring,for the purposes of this Ordinance, any land, site ormonument which is declared to be an historical monu-ment or an historical site under subsection (I), theDirector may, with the approval of the Minister,acquire such land, site or monument for an under-taking which is of public interest by compulsoryacquisition in accordance wi th the provisions of Part Cap. 8/.

IV of the Land Code. (/958 Ed).

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22. No person shall, without the permlsslOn inwriting of the Director or other lawful authority-

(a) dig, excavate, build, plant or fell trees,quarry. irrigate, bum lime or do similar work, ordeposit earth or refuse, on or in the immediateneighbourhood of an histNical monument or anhistorical site included in the :;chedule publishedunder section 21 or establish or extend a cemeteryon an historical site so included;

(b) demolish an historical monument ordisturb, obstruct, modify, mark, pull down orremove any such monument or any part thereof;

(c) make alterations, additions or repairs toany historical monument; or

(d) erect buildings or walls abutting upon anhistorical monument or an historical site.

23. Where any historical monument or historicalsite is on private property, the Director may-

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18 SARAWAK CULn'RAL HERITAGE

Ca) make arrangements with the owner orlessee for its preservation, inspection and maintenance and may, with the approval of the Minister,make a conuibution from public funds towards .thecost of carrying out any works of repair orconservation which he deems necessary and whichthe owner or lessee may be willing to undertake:

Provided that, where the Director so contributes towards the cost of carrying out suchworks, they shall be performed subject to anyconditions which he may impose;

Cb) wi th the approval of the Minister purchase or lease the area where the historicalmonument or historical site is situated by privatetreaty; or

Cc) in the case of an historical monument,remove, with the approval of the Minister, thewhole or any part thereof, making good anydamage done to the site or to buildings thereonby such removal, and paying compensation therefor:

Provided that the amount of such compensation shall be fIxed by agreement or, in the caseof dispute, by arbitration under the law relating toarbitration for the time being in force in Sarawak.

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Inspectionof historicalmOQumeOLS

and sites.

24. The owner or lessee of an historical monument or historical site shall at all reasonable timespermit the Director, or any person or offIcer authorisedby the Director either generally or specially in thatbehalf, to enter upon the site for inspection or to carryout any study or work necessary for the maintenanceor conservation thereof:

Provided that the liabiliry imposed by this' sectionshall arise only if such owner or lessee shall havereceived not less than two days' notice in writing, underthe hand of. the Director, of any proposed entry.

-_........-.,..~-----



SARAWAK CULTURAL HERITAGE

PART VI

TRADITIONAL ARTS AND HANDICRAFT

19

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25.---{I) The Director shall, subject to the directions Promotion

of the Minister and to such rules as may be made under ~~n~:d;;".section 35, take such measures as may be expedient andor reasonably necessary- h""dimh.

(a) to promote and, where necessary, tostimulate interest and rehabilitate skills in tradi-tional arts and handicraft;

Cb) to develop, maintain or enhance thestandards and appreciation of traditional arts andhandicraft;

(c) to preserve such traditional arts andhandicraft which ought to be preserved as a culturalheritage of the people;

(d) to provide incentives, by way of awards,grants or other forms of monetary rewards, to anyperson or body of persons, actively involved in thepromotion, preservation, perpetuation and development of traditional arts and handicraft; and

(e) to establish centres, workshops and otherfacilities for the making, promotion, exhibition,display, development of, and the dissemination ofinformation on, traditional arts and handicraft.

(2) For the purpose of this section-

"traditional arts and handicraft" means anywork of art, craft, carving, handiwork or productderived from manual skill which is associated withor depicting the culture, traditions, customs, wayof life and history of the natives and Ihe variouscommunities in Sarawak.

PART VII

PENALTIES

26.-(1) Any person who, being the finder of an P",lti"

antiquity, fails to report the antiquity, or to ta..1ce actionto protect it, or to state the circumstances of the



discovery of the origin of the antiquity, or wilfullymakes a false statement of such circumstances or suchorigin, shall be guilty of an offence: Penalty, imprisonment for two years and a fine of ten thousandringgit.

(2) Any person who fails to give reasonablefacilities to an officer of the Government, or anyperson or officer authorised, by the Director, toinspect, copy, study and make drawings, photographs,squeezes or other reproductions of an antiquity orhistorical object, or to enter and carry out anynecessary work for the maintenance and conservationlbereof, where the duty to give such facilities isimposed under this Ordinance, shall be guilty ofan offence: Penalty, a fine of two thousand ringgit.

(3) Any person, not being the holder of an licenceto excavate granted under section 8, who digs for'antiquity or historical object, or demolishes any ancientwalls or other structures or objects which are antiquitiesor historical objects within the meaning of this Ordinance,whether above or below the ground, even though theseacts are done upon land of which he is the owner orlessee, shall be guilty of an offence: Penalty, imprisonment for two years and a fine of ten thousand ringgit.

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;~ ... (4) Any person who, not being the holder of a

licence to export granted under section 11, exports orattempts to export any antiquity shall be guilty of anoffence: Penalty, imprisonment for five years and a fineof twenty thousand ringgit.

(5) Any person who exports or attempts to exportan antiquity or historical object, the exportation of whichhas been prohibited in accordance with the provisionsof section 12(2) or 14 shall be guilty of an offence:Penalty, imprisonment for five years and a fine oftwenty thousand ringgit.

(6) Any person who commits an offence againstany of the provisions of section 22 shall be guilty ofan offence: Penalty, imprisonment for one 'year and afine of three thousand ringgit.

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(7) Any person who fails to register an antiquityin accordance with the provisions of Pan II of thisOrdinance shall be guilty of an offence: Penalty,imprisonment for two years and a fine of ten thousandringgit:

Provided that nothing herein shall apply to theowner or lessee of land on which an antiquity hasremained undiscovered, if the owner or lessee reportssuch antiquity to the Director or his deputy as soonas it is found.

(8) Any person who sells or otherwise disposesof an antiquity or historical object contrary' to theprovisions of section 6 shall be guilty of an offence:Penalty, imprisonment for ·five years and a fine of twentythousand ringgil.

(9) Any person who maliciously or negligentlydestroys, injures, defaces, displaces, disrurbs or disfigures any antiquity in his possession or registeredunder section 5 or any antiquity or historical object inrespect of which a notice under section 6(2) has beengiven' shall be guilty of an offence: Penalty, imprisonment for one year and a fine of three thousand ringgil.

(10) When any notice under this Ordinance orany rules made hereunder requires any act to be doneor work to be executed by any person and the personfails to comply with the requirements of the notice, heshall be guilty of an offence and shall, on conviction,where no fine is specially provided, be liable to a fineof three thousand ringgit and to a further fine of fivehundred ringgit for each day that the offence continuesafter conviction.

(11) Any person who by any act or omiSSIOncontravenes or fails to comply with any of theprovisions of this Ordinance or of any rules madehereunder shall be guilty of an offence and if nopenalty is expressly provided shall, on conviction, beliable to imprisonment for one year and a fine of threethousand ringgil.

(12) Where an offence under this Ordinance orany rules made hereunder has been committed by

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22 SARAWAK CULllJRAL HERITAGE

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a body corporate, any person who at the time of thecommission of the offence was a director, manager,secretary or other similar officer of the body corporateor was purporting to act in such capacity shall,as well as such body corporate, be deemed to be guiltyof that offence.

27. In every case where a person is found guiltyof an offence against this Ordinance, any antiquity orhistorical object in respect of which such offence iscommitted may, by order of the court, be forfeited toGovernment.

28.-(1) The Director or any officer authorisedIn writing in that behalf by the Director may compound any offence committed under this Ordinance orany rules made hereunder by accepting from the personreasonably suspected of having committed such offencea sum of money not exceeding one thousand ringgit.

(2) The manner of compounding the offencesshall be prescribed by rules made under section 35.

29. Proceedings for any offence against thisOrdinance or any rules made hereunder may beconducted by the Director or any officer duly authorisedin that behalf by the Director.

PART VID

MISCELLANEOUS

30.-(1) Whenever any person is dissatisfied withthe exercise of any discretion given to the Director byor under this Ordinance, or with any action ot decisionof the Director either as to the carrying out, or as tothe meaning, of any of the provisions of this Ordinance,or whenever any of the provisions of this Ordinanceare, owing to special conditions, undesirable, the personso dissatisfied may, unless express provision is madefor reference to arbitration, appeal to the Minister who,if in his opinion the exercise of such discretion or suchaction or decision requires modification, revocation, orsetting aside, or such special conditions exist as renderany such provision undesirable, may make such orderin respect thereof as may be just.

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SARAWAK CULTIJRAL HERITAGE 23

Ex~mption.

F}rf.S.Cap. -15.

Protectionof officersand persoQsacting und~r

direction ofofficers.

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(2) The grounds of such appeal shall be conciselystated in writing and shall be delivered to the Ministerwho shall determine the matter in the absence of, andwithout further reference to, the Director.

(3) The Permanent Secretary of the Ministryresponsible for the Sarawak Museum shall furnish theappellant with a copy of the evidence and documentssubmitted by the Director for the consideration of theMinister.

31. The Director may, with the prior approval of Dd,gatio,

the Minister, in writing generally or specially authorise of pow",.

the exercise, performance or discharge of any of hispowers, duties or functions under this Ordinance or rulesmade hereunder by any other officer.

32. No action or prosecution shall be brought,instituted or maintained in any court against the Director,any person or officer authorised under this Ordinancefor or on account of or in respect of any act orderedor done for the purpose of carrying into effect thisOrdinance, and no suit or prosecution shall lie in anycourt against any other person for or on account ofor in respect of any act done or purported to be doneby him under the order, direction or instruction of theDirector, any such person or officer if the act was donein good faith and in a reasonable belief that it wasnecessary for the purpose intended to be served thereby.

33. Any person acting for and on behalf of or Public

under the direction of the Director under this Ordinance "mo".shall be deemed to be a public servant within the meaningof the Penal Code.

34. The Director may, with the approval of theMinister, by order direct that any person or class ordescription of persons specified in the order shall beexempt from the operation of this Ordinance or anyrules made hereunder or any part thereof.

35.-(1) The Minister may, with the approval of Rub.

the Yang di-Pertua Negeri, make rules generally forcarrying out the provisions of this Ordinance and, inparticular, such rules may provide for-



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24 SARAWAK CULTIJRAL HERITAGE

(a) determining the conditions and the fees,if any, upon which licences or permits under thisOrdinance may be issued or granted;

(b) governing the registration of antiquities;

(c) prescribing the forms necessary for theimplementation of this Ordinance;

(d) governing the grant of dealer's licence orof licences to export antiquities or of permits toexport historical objects or any other licences orpermits which are required to be prescribed orwhich may be prescribed under this Ordinance;

(e) giving incentives or due recognition totraditional craftsmen;

(j) developing, preserving and perpetuatingtraditional arts and handicraft;

(g) establishing a special fund to be employedfor the purpose of defraying expenses for themaintenance, preservation or restoration of buildings, monuments or sites registered under section20 or included in the schedule published undersection 21 and such other expenditure as the Directormay properly incur in carrying out his functionsand exercising his powers under this Ordinance,and generally for the purpose of paying anyexpenses for carrying into effect the provisions ofthis Ordinance;

(h) regulating the demolition or alterationof any building operation approved under section20;

(i) regulating the conduct of excavations andsearches for antiquities;

(j) providing for the management and controlof antiquities, historical objects, monuments andsites;

(k) imposiUon of penalties for contraveningany rules made under this section which penaltiesshall not exceed one year's imprisonment and afine of three thousand ringgit;

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(I) prescribing the forms to be used in andthe method and procedure for compounding offences;and

(m) prescribing anything which is required tobe, or may be, prescribed under this Ordinance.

(2) No rules made under this Ordinance shall-

(a) prohibit or restrict the right of accessto an historical site of the owner or lawful occupierof the historical monument or historical site orof any person beneficially interested therein, orof any person authorised by the owner, occupieror such person; or

(b) confer upon a person any right which hewould not otherwise· have had to enter upon privateland.

36.-(1) The Antiquities Ordinance IS· herebyrepealed.

(2) All notifications made or licences or permitsissued under the repealed Ordinance shall, if still inforce at the commencement of this Ordinance, continuein force, and shall have effect as if made or issuedunder this Ordinance, until other provision shall bemade or issued under or by vinue of this Ordinanceor until the dates upon which they expire.

R,p<al andsa..ing.Cap. 134.(/958 £d.).



Documents

LAWS OF SARAWAK - Building peace in the minds … · 3 LAWS OF SAR~WAK Chapter 6 SAR~WAK CULTUR~L HERITAGE ORDINAACE, 1993 An Ordinance to make berrer provisions for rhe preservation