Section 2
of Antiquities and Treasure Trove Act
Section 2
(1)
In this Act, unless the context otherwise requires —
“ancient monument” means any monument in Brunei
Darussalam which dates or may reasonably be believed to date from a period prior to 1st January 1894, and includes any other monument which has been declared in accordance with section 17 to be an ancient monument for the purposes of this Act;
“antiquity” means —
(a)
any object movable or immovable or any part of the soil or of the bed of a river or lake or of the sea, which has been constructed, shaped, inscribed, erected, excavated or otherwise produced or modified by human agency at any date prior to or reasonably believed to be prior to 1st
January 1894; and
(b)
any part of any such object which has at any later date been added thereto or reconstructed or restored; and
(c)
any human, plant or animal remains which date or may reasonably be believed to date from a period prior to 1st January 1894; and
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(d)
any ancient monument:
Provided that no object or remains —
(i)
which has been imported into Brunei
Darussalam on or after the commencement of this Act; or
(ii)
to which no public interest of a local or national historic, traditional, artistic, archaeological or other scientific character is attached, shall be deemed to be an antiquity for the purposes of this
Act;
“Director” means the Director of Museums;
“District Officer” means the officer in administrative charge of a district;
“historical object” means any artefact or other object to which religious, traditional, artistic or historic interest is attached and includes any —
(a)
ethnographic material such as a household or agricultural implement, decorative article, personal ornament;
(b)
work of art such as carving, sculpture, painting architecture, textile, musical instrument, weapon and any other handicraft;
(c)
manuscript, coin, currency note, medal, badge, insignia, coat of arms, crest flag, arm and armour;
(d)
vehicle, ship and boat, in part or in whole, whose production has ceased;
“historical site” means a site which has been declared in accordance with section 17 to be a historical site for the purposes of this Act;
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“Minister” means the Minister charged with the responsibility for museums;
“monument” means any temple, mosque, church, building, monument, port, earthwork, standing stone, keramat, cave or other structure, erection or excavation, and any tomb, tumulus or other place of interment or any other immovable property of a like nature or any part or remains of the same, the preservation of which is a matter of public interest, by reason of the religious, historic, traditional or archaeological interest attaching thereto, and includes the site of any monument and such portion of land adjoining such site as may be required for fencing or covering in or otherwise preserving any monument and the means of access thereto;
“occupier” includes the cultivator or person in actual possession, management or control of any land, and includes any person having the possession or control of any movable property;
“owner” means in relation to any land, the registered proprietor thereof in Brunei Darussalam and the legal owner or holder by customary tenure thereof in Brunei Darussalam;
“Permanent Secretary” means the Permanent Secretary of the
Ministry charged with the responsibility for museums;
“treasure trove’’ means any money, coin, gold, silver, plate, bullion, jewellery, precious stones or any object or article of value found hidden in, or in anything affixed to, the soil or the bed of a river of the sea, the owner of which is unknown or cannot be found, but shall not include any antiquity.
(2)
For the purpose of deciding whether any object is or is not an antiquity or historical object there shall be established a Museum Committee, to be called the Museum Committee, in this subsection referred to as “the
Committee”, consisting of —
(a)
The Permanent Secretary, who shall be Chairman of the
Committee;
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(b)
the Director, who shall be Secretary to the Committee;
(c)
7 members, to be nominated by the Minister, and the decision of the Committee whether any object is or is not an antiquity or historical object shall be final.
(3)
The Museum Committee may make such regulations as are necessary for the proper discharge of its duties.