National development and the protection of heritage property: An appraisal of the Malaysian experience

The heritage properties of a nation in pursuit of modernisation and physical development run the risk of extinction if concrete, concerted and timely efforts are not taken to prevent it. Malaysia exemplifies one such case of relentless development endangering the space and vital role of heritage in nation building. Fortunately, various preventive and protective measures have been subsequently taken by the government but the critical question is how effective are these measures in safeguarding the nation’s heritage properties. This paper examines the evolution and state of Malaysia’s heritage laws and rehabilitation measures. It is found that previous heritage laws were not adequate to protect heritage properties as they do not have specific and clear provisions to persecute encroachment and trasspassing of the properties. The replacement of these laws with the recent Act 645 has overcome this legal shortcoming and thus promises to be capable of protecting the nation’s heritage properties.