The Genus vs. The Species in the National Heritage Act 2005: Why Section 113 of Act 645 Protects the Fact of Heritage over the Status of Registration
The Genus vs. The Species in the National Heritage Act 2005: Why Section 113 of Act 645 Protects the Fact of Heritage over the Status of Registration An Act to provide for the conservation and preservation of National Heritage, natural heritage, tangible and intangible cultural heritage, underwater cultural heritage, treasure trove and for related matters. This long title of the National Heritage Act 2005 (Act 645) is not merely a descriptive preamble; it is a statement of an all-encompassing legislative intent. By listing "cultural heritage" and "natural heritage" alongside specific administrative categories like "National Heritage," the long title signals that the Act’s primary concern is the Genus—the inherent nature of the thing itself—rather than just the Species of items already captured in a register. Yet, despite this broad mandate, Malaysia’s heritage remains arguably at its most vulnerable at the very moment of its rediscovery. The "Toothles...