Historic Shipwrecks Regulations 1978 (Cth)

Historic Shipwrecks Regulations 1978

Statutory Rules 1978 No. 93 as amended

made under the

Historic Shipwrecks Act 1976

This compilation was prepared on 21 February 2002

taking into account amendments up to SR 2002 No. 8

Prepared by the Office of Legislative Drafting,

Attorney-General’s Department, Canberra

Contents

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1Name of Regulations [see Note 1]

 These Regulations are the Historic Shipwrecks Regulations 1978.

2Interpretation

 In these Regulations:

ship includes a hovercraft and any similar craft.

the Act means the Historic Shipwrecks Act 1976.

3Prescribed fee for the purposes of subsection 12 (3) of the Act

 For the purposes of subsection 12 (3) of the Act, the prescribed fee, on payment of which a person is entitled to be furnished with a copy of, or of any part of, the Register, is 50 cents per page of the copy.

4Prohibition of certain activities in protected zones generally

• (1)

  A person shall not do any of the following acts:

  • (a)

    bring into a protected zone equipment constructed or adapted for diving, salvage or recovery operations, or any explosives, instruments or tools the use of which would be likely to cause damage to, or interference with, a historic shipwreck or a historic relic situated within that protected zone;

  • (b)

    use within a protected zone any such equipment, explosives, instruments or tools;

  • (c)

    cause a ship carrying any such equipment, explosives, instruments or tools to enter, or remain within, a protected zone;

  • (d)

    trawl, or dive or engage in any other underwater activity, within a protected zone;

  • (e)

    moor or use ships within a protected zone.

    Penalty:   10 penalty units, or imprisonment for 1 year, or both.

• (2)

  However, it is a defence to a prosecution under subregulation (1) if the person:

  • (a)

    is acting in accordance with a permit granted under subsection 15 (1) of the Act; or

  • (b)

    has a reasonable excuse.

  Note A defendant bears an evidential burden in relation to the matters mentioned in subregulation (2) (see section 13.3 of the Criminal Code).

4APrescribed amount for the purposes of subsection 18 (1) of the Act

 For the purposes of subsection 18 (1) of the Act the prescribed amount is $50,000.

5Identity card

• (1)

  An identity card required by subsection 22 (2) of the Act to be issued to each inspector appointed under subsection 22 (1) of the Act shall be substantially in accordance with the form in the Schedule.

• (2)

  Each identity card issued under subsection 22 (2) shall be numbered consecutively.

• (3)

  The Minister shall cause a record to be kept of each identity card issued and of its number.

ScheduleInspector’s Identity Card No.

  

(regulation 5)

COMMONWEALTH OF AUSTRALIA

Historic Shipwrecks Act 1976

(subsection 22 (2))

INSPECTOR’S IDENTITY CARD No.

 The person whose name, address, photograph and signature appear below is an inspector for the purposes of the Historic Shipwrecks Act 1976.

Name......................................................................	Photograph
Address..................................................................
Signature................................................................

Dated this day of  19 .

Minister of State for Home Affairs

Notes to the Historic Shipwrecks Regulations 1978

Note 1

The Historic Shipwrecks Regulations 1978 (in force under the Historic Shipwrecks Act 1976) as shown in this compilation comprise Statutory Rules 1978 No. 93 amended as indicated in the Tables below.

Table of Statutory Rules

Year and number	Date of notification in Gazette	Date of commencement	Application, saving or transitional provisions
1978 No. 93	27 June 1978	27 June 1978
1979 No. 124	5 July 1979	5 July 1979	—
1980 No. 391	31 Dec 1980	31 Dec 1980	—
1983 No. 24	28 Feb 1983	28 Feb 1983	—
1990 No. 115	5 June 1990	5 June 1990	—
2002 No. 8	21 Feb 2002	21 Feb 2002	—

 

Table of Amendments

ad. = added or inserted  am. = amended rep. = repealed rs. = repealed and substituted
Provision affected	How affected
R. 1 ........................................	rs. 2002 No. 8
R. 2..........................................	am. 1983 No. 24; 1990 No. 115
R. 4..........................................	am. 1979 No. 124; 1983 No. 24; 1990 No. 115; 2002 No. 8
Rr. 4AA, 4AB..........................	ad. 1983 No. 24
rep. 1990 No. 115
R. 4A.......................................	ad. 1980 No. 391