Extraction of the Melaka Enactment No. 6 of 1988

Purpose and Interpretations

An Enactment to make provisions for the preservation, conservation and enhancement of cultural heritage and matters incidental thereto. It may be also called as the Preservation and Conservation of Cultural Heritage Enactment 1988.

A committee, known as the Preservation and Conservation Committee, shall be established by the State Authority in order to advise on matters of policy, administration and management of cultural heritage and conservation areas. This Committee is chaired by the Chief Minister of State.

The Enactment requires clarification of common terminologies used in preservation and conservation of cultural heritage.

"Adaptation" means a process of modifying a cultural heritage or a conservation area to suit a proposed compatible use.

"Conservation" defines a process of looking after a cultural heritage or a conservation area so as to retain its significance; and this includes maintenance, preservation, restoration, reconstruction, adaptation or a combination of two or more of these.


"Cultural heritage" includes any antiquity, historical object, historical site, fabric, building, structure, work of art, manuscript, coin, vehicle, ship or tree which has a significant and special architectural, aesthetic, historical, cultural, scientific, economic interest or value.

"Maintenance" means a continuous protection and care of a cultural heritage or a conservation area as distinguished from repair which may involve restoration or construction.

"Preservation" is a process of maintaining a cultural heritage or a conservation area in its existing state or form.

"Reconstruction" means a process of returning a cultural heritage or a conservation area as nearly as possible to an earlier known state by the introduction of old or new materials.

"Restoration" means a process of returning the existing cultural heritage or a conservation area to an earlier known state by removing accretion or by reassembling the existing repairs without the introduction of new materials.

Declaration of Cultural Heritage

The State Authority may on the recommendation of the Local Authority and advise of the Committee declare any cultural heritage which is desirable to be preserved or conserved, and also may designate an area within such heritage is located as a conservation area.

Any person who owns any cultural heritage which has not been declared may apply in a prescribed form to the Local Authority within which the heritage is located for such declaration. Upon processing the application, the Local Authority, however, shall notify the owner that his heritage or area is subjected to preservation or conservation.

Any cultural heritage which has been declared to be preserved or conserved shall be inspected at all reasonable times by an officer authorised by the Local Authority.

Restriction of Planning PermissionPlanning permission shall be obtained from the Local Authority prior to any demolition, alteration, reconstruction, renovation, modification and repair of any required for erecting any building or structure, destroying any trees, digging, quarrying, irrigating or disturbing the landscaping in such area.

The Local Authority may impose conditions with respect to the reconstruction of a building or any part of it with the use of original material so far as practicable. Any alteration to the interior of the building may also be specified in the permission.

Repair of Historic Building

Whenever a building is declared to be preserved or conserved and is in need of urgent repair, the Local Authority may make arrangement with the owner or occupier for the repair to be executed and also for making contribution towards the cost. This also implies to any building of which has not been declared but is located in a conservation area (so as to maintain the harmonious character or appearance of the area).

A fund known as Preservation and Conservation Fund shall be established by the State Authority to maintain, preserve, conserve, and acquire any cultural heritage or conservation area. The Fund shall also be expended for carrying out activities including publication, exhibition and campaign for the protection of the cultural heritage.

Financial Incentives and Tax Relief

Any person who owns a cultural heritage or conservation area declared for preservation or conservation may apply to the State Authority for financial assistance which includes grant, aid, loan, reduction of rates and rent; also a tax relief in respect to the revenue earned.

Penalty

Any person who contravenes any provision of this Enactment shall be guilty and be liable on conviction to a maximum fine of MR 10,000 (Malaysian Ringgit) or five years imprisonment or both.