THE PENANG HERITAGE COUNCIL HAS NO AUTHORITY TO DO ANYTHING SUBSTANTIVE

THE PENANG HERITAGE COUNCIL HAS NO AUTHORITY TO DO ANYTHING SUBSTANTIVE

Under the State of Penang Heritage Enactment 2011, the Penang Heritage Council HAS NO AUTHORITY to do anything other than advise, propose, coordinate, monitor and conduct research.

Its functions, spelt out in Section 5 of the Enactment are to:

(a) advise the State Authority on any matters relating to the preservation, conservation and protection of cultural heritage or natural heritage, and matters relating to implementation of this Enactment;

(b) propose the formulation of policies on cultural heritage or natural heritage to the State Authority;

(c) consult and coordinate with the Commissioner of Heritage on matters relating to preservation, conservation and protection of cultural heritage or natural heritage;

(d) monitor and coordinate with the local planning authority in relation to the development plan for heritage site;

(e) monitor and propose any improvement to the guidelines and conservation management plant for the State Heritage;

(f) carry out study or research on cultural heritage or natural heritage; and

(g) perform any other functions which may be directed to it by the State Authority for the proper and effective implementation of this Enactment for the purpose of management, preservation and conservation of cultural heritage or natural heritage.

Is there anything in the enactment that says the approval of the Penang Heritage Council is required to list, inventory or gazette a heritage building, monument or other object?

No, there is nothing in the enactment to say this.

Anyone who wants to read it, please go to the files section where a copy of the State of Penang Heritage Enactment has been uploaded.

The Penang Heritage Council is merely a resource for the Penang Heritage Commissioner to draw on, should he need to. There is nothing to say that he needs to.

What about the functions of the Penang Heritage Commissioner? Section 16 spells these out:

(a) ensure that this Enactment is administered, enforced, given effect to, carried out and complied with;

(b) declare any cultural heritage and natural heritage as State Heritage;

(c) coordinate with the Council in relation to the administration, preservation and conservation of heritage;

(d) advise the local planning authority, any body or other agencies in relation to the administration, preservation and conservation of heritage;

(e) establish and maintain a State Heritage Register;

(f) promote and facilitate any research relating to heritage;

(g) supervise and monitor the process of preservation and conservation of the State Heritage;

(h) organize programmes, exhibition and promotion on tourism in relation to preservation and conservation of State Heritage;

(i) formulate and issue policies, guidelines or directives in relation to management, preservation and conservation of heritage and, shall be in accordance with the policies and directions of the Commissioner of Heritage; and

(j) perform any other functions under this Enactment as directed by the State Authority from time to time.

Section 17 spells out the authority of the Penang Heritage Commissioner:

The Commissioner shall have all such powers as may be necessary for, or in connection with, or incidental to, the performance of his functions under this Enactment.

Section 18 says who can designate a heritage site and whose approval is needed:

(1) The Commissioner may with the approval of the State Authority, designate any site which has natural heritage or tangible cultural heritage value to be a heritage site.

(2) For the purpose of subsection (1), the Commissioner may consult with the Council before obtaining the approval of the State Authority.

So, who has the power?

The Penang Heritage Council?

Is the Penang Heritage Council the one to make decisions on any matters relating to the preservation, conservation and protection of cultural heritage or natural heritage, and matters relating to implementation of this Enactment?

No, they can only advise the State Authority on those things but have no power to decide them.

Who then has the power? From the words above, the State Authority has the power to decide.

Can the Penang Heritage Council formulate policies on cultural heritage or natural heritage?

No it cannot. It can merely propose those to the state authority.

Who has the power to formulate policy? The Penang Heritage Commissioner is the policy-maker.

Whose primary responsibility is it to make use of and enforce the State of Penang Heritage Enactment 2011?

The one whose job is to ensure that this Enactment is administered, enforced, given effect to, carried out and complied with.

The Penang Heritage Commissioner!

Whose job is it to designate any site which has natural heritage or tangible cultural heritage value to be a heritage site?

The Penang Heritage Commissioner!

Does he need approval for that?

Yes.

Whose approval does the Penang Heritage Commissioner need to designate any site which has natural heritage or tangible cultural heritage value to be a heritage site?

The State Authority.

Who is the State Authority?

The Chief Minister of Penang, at this time, Chow Kon Yeow.

Is the Penang Heritage Council actually needed for anything to be DONE?

I do not want to repeat myself, it has already been answered above, many times.