INGENIEUR
NATIONAL HERITAGE ACT 2005
On July 6 , 2007 , the Parliament Complex was declared a heritage site under Clause 67 of National Heritage Act 2005 ( Act 645 ) and further gazetted on June 6 , 2011 . With the declaration , any future works on the building or its surroundings must have planning permission from the Commissioner of Jabatan Warisan Negara ( JWN ) under Clause 40 of the Act , in which failure to do so would have committed an offence under Clause 112 . The extract of the clauses from the Act are as follows :
Clause 67 . Declaration of National Heritage
( 1 ) The Minister may , by order published in the Gazette , declare any heritage site , heritage object , underwater cultural heritage listed in the Register or any living person as a National Heritage .
( 2 ) In making a declaration under subsection ( 1 ) the Minister may consider — ( a ) the historical importance , association with or relationship to Malaysian history ; ( b ) the good design or aesthetic characteristics ; ( c ) the scientific or technical innovations or achievements ; ( d ) the social or cultural associations ; ( e ) the potential to educate , illustrate or provide further scientific investigation in relation to Malaysian cultural heritage ; ( f ) the importance in exhibiting a richness , diversity or unusual integration of features ;
( g ) the rarity or uniqueness of the natural heritage , tangible or intangible cultural heritage or underwater cultural heritage ;
( h ) the representative nature of a site or object as part of a class or type of a site or object ; and
( i ) any other matter which is relevant to the determination of cultural heritage significance .
Clause 40 . Application for planning permission for heritage site
( 1 ) The Commissioner shall co-ordinate and advise the local planning authority before any planning permission or development order is granted involving a heritage site .
( 2 ) Where the local planning authority refers any application by any person for planning permission or development order to the Commissioner , such application shall contain — ( a ) sufficient particulars to identify the monument to which the application relates , including its layout plan , measured building plan and photographs of its every angle , including the exterior and interior of such monument ;
( b ) such other plans and drawings as are necessary to describe the work which is the subject of the application ;
( c ) measures that have been taken to secure the safety of the heritage site and the neighbouring land ; and
( d ) such other particulars as may be required by the Commissioner .
Under Part XV Offences of this Act ,
Clause 112 . Offences in respect of heritage site
( 1 ) No person shall , without the approval in writing of the Commissioner — ( a ) dig , construct , excavate , build , plant trees , quarry , irrigate , burn lime or deposit earth or refuse , on or in the heritage site or conservation area ;
( b ) demolish , disturb , obstruct , modify , mark , pull down or remove any monument in any heritage site ;
( c ) erect any building or structure abutting upon a monument in any heritage site ;
( d ) destroy the relationship of a building and its environment that is incompatible with the character of the neighbourhood in any heritage site ;
( e ) clear any area or interfere with , destroy or remove any tree , plant undergrowth , weed , grass or vegetation in any heritage site ; or
( f ) do any activities or actions that would likely cause damage to the adjacent and surrounding land which have been registered as heritage site .
( 2 ) Any person who , without lawful authority , contravenes subsection ( 1 ) shall be guilty of an offence and shall on conviction be liable to imprisonment for a term not exceeding five
70 VOL 86 APRIL-JUNE 2021