CHAPTER 29:01
MONUMENTS AND RELICS

ARRANGEMENT OF SECTIONS

   SECTION

PART I
PRELIMINARY

   1.   Short title

   2.   Interpretation

PART II
ADMINISTRATION

   3.   Chief Antiquities Officer and other staff

   4.   Duties of the Chief Antiquities Officer

PART III
THE MONUMENTS AND RELICS ADVISORY COUNCIL

   5.   Establishment and composition of the Council

   6.   Secretary to the Council

   7.   Functions of the Council

   8.   Meetings of the Council

   9.   Members not deemed public officers

   10.   Allowances

PART IV
DECLARATION, CONSERVATION AND PRESERVATION OF PROTECTED MONUMENTS AND RELICS

   11.   Protected monuments and relics

   12.   Acceptance of monuments and relics

   13.   Prohibition on alteration, etc.

   14.   Structures, buildings, etc., erected in contravention of this Act

   15.   Agreements for conservation and preservation of monuments and relics

   16.   Owners who are under disability

   17.   Enforcement of agreements

   18.   Compulsory acquisition of monuments or relics by the Minister

   19.   Limitation on powers of compulsory purchase or acquisition of monuments and relics

   20.   Custody of protected monuments and relics

   21.   Maintenance of protected monuments and relics

PART V
LISTING OF MONUMENTS OF NATIONAL OR LOCAL IMPORTANCE

   22.   List of national monuments

   23.   List of monuments of local importance

   24.   Demolition, etc., of listed monuments

PART VI
OWNERSHIP, DISCOVERY, COLLECTION, EXCAVATION AND REMOVAL OF MONUMENTS AND RELICS

   25.   Ownership of monuments and relics

   26.   Transfer of ownership, etc., of protected monuments or relics

   27.   Notification of discovery of monuments or relics.

   28.   Authorization for archaeological research

   29.   Rescue archaeology

   30.   Archaeological permits

   31.   Obligations of the holder of an excavation permit

   32.   Excavation permits not transferrable

   33.   Government to refrain from certain acts of publication, etc.

   34.   Cancellation of excavation permit

   35.   Research cooperation

PART VII
DEALING IN MONUMENTS AND RELICS

   36.   No dealing in monuments and relics unless licensed

   37.   Dealer’s licence

   38.   Cancellation of licence

   39.   Prohibition of fraud in monuments and relics

PART VIII
EXPORTATION AND IMPORTATION OF MONUMENTS AND RELICS

   40.   Export licence

   41.   Applications for an export licence

   42.   Validity and duration of an export licence

   43.   Export levy

   44.   Value of monuments and relics for purpose of export levy

   45.   Packing of monuments or relics for export

   46.   Seizure of monuments or relics exported without a licence

   47.   Offence for illegal exports

   48.   Temporary export and import permits

   49.   Recovery of smuggled monuments or relics

PART IX
GENERAL

   50.   Right of access

   51.   Relinquishment of control over monuments and relics

   52.   Removal of protection

   53.   Publication in the Gazette

   54.   Public donations

   55.   General offences

   56.   General penalty

   57.   No suit against public offices, etc.

   58.   Regulations

PART X
REPEAL AND SAVINGS

   59.   Repeal and savings

16 of 1990
G.N. 41/1991

An Act to repeal the Monuments Act; to make provision for the conservation, preservation and study of cultural heritage including places of distinctive natural beauty and of sites, buildings and objects of archaeological, palaeontological, geological, anthropological, ethnological, historical, prehistorical and other interests; and to provide for the declaration of protected monuments and relics and acquisition thereof by the Government and the acquisition by the Government of rights and trusteeship over monuments and relics and for the preservation thereof by agreement with the owners; and to provide for the listing of monuments and the registration of monuments and relics; and to provide for the procedure to be followed in relation to the discovery, excavation, removal, sale, exportation and importation of monuments, relics and collections of cultural heritage; and to establish an advisory council to advise the Minister on matters aforesaid; and to provide for matters connected therewith or incidental thereto

[14TH MARCH 1991]

PART I
PRELIMINARY

1.   Short title

   This Act may be cited as the Monuments and Relics Act.

2.   Interpretation

   In this Act, unless the context otherwise requires—

   “Chief Antiquities Officer” means the person appointed as such pursuant to section 3 and includes any officer subordinate to him;

   “collection”, in relation to relics, means a permanent collection thereof;

   “conservation” means measures taken to prevent destruction, deterioration or loss of cultural and natural heritage of Malawi;

   “Council” means the Monuments and Relics Advisory Council established under section 5 (1);

   “excavation” means the removal of any overburden deposit or the exposure of any buried or partially buried material in Malawi;

   “listed monument” means a monument which is included in a list compiled under section 22 or 23;

   “local authority” means the owner of a monument or relic, or an institution or organization, whether a company, or a district, municipal or city council, a church or other religious body or any other organization, whether corporate or unincorporate, which has a claim to ownership of a monument or relic;

   “maintenance” includes the fencing, covering, repairing, restoring and cleansing of any monument or relic and the surroundings thereof, and the doing of any act which may be necessary for the purpose of maintaining a monument or relic or securing convenient access thereto;

   “monument” means—

   (a)   any area of land which has distinctive scenery or which contains rare or distinctive vegetation;

   (b)   any structure, building, erection, ruin, stone, circle, monolith, altar, shrine, pillar, statue, memorial, fortification;

   (c)   any grave, tumulus, cairn, place of interment, pit dwelling, trench, excavation, working, rock, rock-shelter, midden, mound, cave, grotto, rock sculpture, rock painting and wall painting;

   (d)   inscription or any other site or article of a similar kind or associated therewith which is of archaeological, palaeontological, ethnological, prehistorical, historical, artistic or scientific value or interest;

   (e)   any remains of the matters and items referred to in paragraphs (a) to (d), including—

      (i)   the site on which any monument or group of monuments was discovered or exists; and

      (ii)   such portion of land adjoining such site as may be required for the maintenance of or otherwise for the conservation and preservation of such monument or group of monuments;

   “preservation” means the taking of such actions, including salvage, as are designed to record and maintain the cultural and natural heritage of Malawi;

   “protected monument” means a monument which is protected under section 11 and includes a group of monuments protected under that section and any single monument in such group;

   “protected relic” means a relic which is protected under section 11 and includes a collection of relics protected under that section and any single relic in such collection;

   “qualified person” means any person who has demonstrated competence to study archaeological sites or monuments, ethnology, social and physical anthropology and oral history;

   “relic” means—

   (a)   any fossil of any kind;

   (b)   any artifact, implement, coin, document and manuscript;

   (c)   any chiefly, religious or war regalia;

   (d)   ornament or article (not being a monument),

which is of archaeological, palaeontological, geological, anthropological, ethnological, prehistorical, historical, artistic or scientific value or interest;

   “rescue archaeology” means a systematic examination, including excavation, of any area of land, place, monument or relic threatened to become irretrievably destroyed by natural phenomena or action of man or animal, including development of such land, place, monument or relic, for purposes of assessing the cultural and natural significance of such action before it is taken;

   “site museum” means a place that has been developed to exhibit material evidence of man and his environment for purposes of study, education and enjoyment;

   “site record” means documented observations undertaken as an aspect of systematic examination or controlled recovery or discovery of prehistoric or historic places or objects, including locational records, photographs, notes, charts, drawings and descriptions of situations and materials;

   “systematic examination” means the process by which the information content of prehistoric places or cultural material is realized for the purpose of conservation or preservation.

PART II
ADMINISTRATION

3.   Chief Antiquities Officer and other staff

   There shall be appointed in the public service an officer to be designated as the Chief Antiquities Officer and other officers subordinate to him who shall be responsible for the administration of this Act subject to any special or general directions of the Minister.

4.   Duties of the Chief Antiquities Officer

   The Chief Antiquities Officer shall, subject to this Act and to any special or general directions of the Minister—

   (a)   collect, conserve and preserve all monuments, relics and other objects entrusted to his care as the official custodian for the purpose of this Act;

   (b)   establish site museums where and when appropriate;

   (c)   liaise with institutions or persons concerned with conservation or preservation of monuments and relics, or with education and research;

   (d)   publish or cause to be published research results, guides to monuments and relics, and other matters relating to the activities of, and the facilities provided by, the Government for the purposes of this Act;

   (e)   take such steps as he may consider necessary for the erection, in suitable places, of tablets or statues relating to monuments or relics or giving information about historical events which have occurred at or near such monuments or relics;

   (f)   undertake archaeological, palaeontological, ethnological, oral history, historical and prehistoric research anywhere in Malawi; and

   (g)   purchase, lend or borrow cultural material for study or display in any institution, at any commemorative, trade, art, international or other exhibition or for any other purpose.

PART III
THE MONUMENTS AND RELICS ADVISORY COUNCIL

5.   Establishment and composition of the Council

   (1) There is hereby established a body to be known as the Monuments and Relics Advisory Council.

   (2) The Council shall consist of—

   (a)   the following ex officio members—

      (i)   the Secretary for Education and Culture or his representative;

      (ii)   the Secretary for Local Government or his representative;

      (iii)   the Chief Parks and Wildlife Officer or his representative;

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