The National Heritage Register under the National Heritage Act 2005

A century-old shophouse in George Town, a keris blade, a court dance, and a living songket maker — all four can hold the same legal title in Malaysia: National Heritage. What binds them is not a UNESCO list, but a domestic register whose name is rarely mentioned: the National Heritage Register.

This register was born of the National Heritage Act 2005 (Act 645), which received royal assent on 30 December 2005 and was gazetted a day later. It replaced older laws such as the Antiquities Act 1976 and consolidated the country’s heritage conservation under a single administrative machinery — the Department of National Heritage (JWN) and a Commissioner of Heritage.

What is the National Heritage Register?

Section 23 of Act 645 directs the Commissioner of Heritage to “establish and maintain a register to be known as the National Heritage Register” containing a list of heritage items registered under the Act. This register is not a closed archive: section 23 also requires the Commissioner to open it for public inspection, and anyone may inspect it or make copies of it upon payment of the prescribed fee.

Crucially: “being entered in the register” and “being declared as National Heritage” are two distinct stages. A site or object may be registered under the Act; only some of them are then elevated by the Minister into National Heritage through an official gazette.

What categories of heritage may be gazetted?

Act 645 recognises several categories of heritage, each with its own point of entry within the law.

Category	Brief definition	Provision of Act 645
Heritage site	Any site of natural or cultural heritage significance — including buildings, monuments and landscapes	Section 24
Heritage object	An object declared by the Commissioner or registered upon application	Sections 49, 51
Underwater cultural heritage	Shipwrecks and submerged structures of heritage value	Sections 61–66
National Heritage	A site, object, underwater heritage or living person declared by the Minister	Section 67

The definition of “natural heritage” in the Act is broad — it covers physical features such as mountains, rivers, rock formations and beaches of outstanding value from a natural, scientific or historical standpoint. “Intangible cultural heritage”, in turn, covers language, forms of speech, folk songs, poetry, dance, theatre and martial arts.

How does something become National Heritage?

The process moves from technical registration to ministerial declaration:

1. Nomination. Under section 68, any person may nominate natural heritage, tangible or intangible cultural heritage, a living person, or underwater heritage using the prescribed form.
2. Assessment. The Heritage Register Division carries out research and evaluation through the Gazetting Branch to weigh the item’s significance and authenticity.
3. Recommendation. An Expert Committee recommends the item to the Commissioner of Heritage, who may in turn propose it to the Minister.
4. Declaration. Under section 67(1), the Minister “may, by order published in the Gazette, declare” a listed site, object, underwater heritage, or any living person as National Heritage.
5. Listing. Section 71 directs the Commissioner to enter the declared National Heritage into the Register.

In making a declaration, section 67(2) sets out nine considerations — among them historical importance, aesthetic characteristics, scientific innovation, social or cultural association, diversity, and the rarity or uniqueness of the heritage. If the site is on State land, the Minister must consult the State Authority (section 67(3)); if the land is privately owned, the owner must be notified at least 30 days in advance (section 67(4)).

Living National Heritage (WAKOH): heritage that breathes

Among the most distinctive features of Act 645 is its capacity to declare a human being as heritage. Section 67 expressly permits “any living person” to be declared as National Heritage — known as Living National Heritage (WAKOH).

This typically involves figures who hold heritage expertise at risk of extinction: songket makers, weavers, shadow-play tok dalang, players of traditional musical instruments and the like. According to a The Rakyat Post report in 2021, more than 20 individuals have received this special recognition for their contributions to the arts and culture. The objective is not mere honour, but ensuring that the figure’s knowledge is preserved and passed on.

What are real examples in the Register?

The contents of the Register are spread across several agencies. The Department of Museums Malaysia reports that 20 collections of artefacts in its custody have been gazetted as National Heritage Objects — 3 collections in the archaeology category, 16 in the ethnology category and one in the specimen category, with 18 of them having been digitised.

For intangible heritage, the Department of National Heritage’s list includes items such as the Sape dance of the Sarawak communities, the Petudui custom of the Melanau community, and the Sogit of the Kadazan community — reflecting the cross-ethnic nature of this Register. Well-known objects such as the Terengganu Inscription Stone (Batu Bersurat Terengganu), a Jawi inscription stone dated around 1303 and now kept at the Terengganu State Museum, are among the treasures safeguarded as national heritage.

What are the legal effects after gazetting?

Heritage status carries legal teeth. Under section 112, no one may excavate, demolish, alter or damage a heritage site without the written permission of the Commissioner. An offence under section 112(2) is punishable by imprisonment of up to five years, or a fine of up to RM50,000, or both — and the court may order additional compensation equal to the value of the object damaged.

For National Heritage, ownership is also controlled: the owner may continue to keep the property (section 69), but a change of ownership may only take place through inheritance or by sale with the Commissioner’s approval, the Commissioner having to be given first priority to purchase it (section 70).

How does it differ from UNESCO’s list?

This is the most common confusion. The National Heritage Register is a domestic instrument under Malaysian law, managed by the Department of National Heritage. The UNESCO World Heritage List, on the other hand, is an international recognition under the UNESCO convention, assessed by an international body.

The two may overlap but are not mutually automatic. A site may be on the National Heritage Register without ever entering the UNESCO list, and a nomination to UNESCO usually begins with domestic protection first. In short: National Heritage measures value to Malaysia; World Heritage measures universal value to humanity.

What’s next

• Want to inspect the Register? Section 23 gives you the right to inspect the National Heritage Register and make copies upon payment of the prescribed fee; contact the Department of National Heritage.
• Want to nominate heritage or a figure? Obtain the section 68 nomination form from the Heritage Register Division, JWN, and prepare evidence of historical or cultural significance that supports the nine considerations of section 67(2).
• Owner of a historic building? Check whether your property falls within a conservation area or heritage site before any construction work — the written permission of the Commissioner is required under section 112.
• For the full text of the law, refer to the National Heritage Act 2005 (Act 645) published by the Commissioner of Law Revision, Malaysia.