Commonwealth of Australia
Historic Shipwrecks Act 1976
Declaration of a Historic Shipwreck and of Historic Relics
I, Josh Frydenberg, Minister for the Minister for the Environment and Energy, being of the opinion that the remains of a ship described in Schedule 1 are located in Australian waters or waters above the continental shelf of Australia, and they are of historic significance, in that they are the remains of SS Macumba, pursuant to subsection 5(1) of the Historic Shipwrecks Act 1976, hereby declare those remains described in Schedule 1 to be a historic shipwreck, and any articles associated with those remains that have been removed from Australian waters or waters above the continental shelf of Australia, to be historic relics.
Being of the opinion that the articles described in Schedule 2 are associated with the remains of
SS Macumba, and that those articles are of historic significance, pursuant to subsection 5(2) of the Historic Shipwrecks Act 1976, I hereby declare the articles described in Schedule 2 to be historic relics.
Schedule 1 – Description of the remains of a ship |
Description | Located at or about |
Remains of a 2526 ton steel hulled ship approximately 92 metres in length sitting upright on the sea floor with its bow pointing to the South. The bow of the ship has broken away from the mid section of the hull. | 110 22’ 25” S latitude 1340 36’ 29” E longitude as defined using WGS84 datum at a depth of approximately 40 metres. |
Schedule 2 – Description of historic relics |
(a) All man-made articles and human remains located inside the articles described in Schedule 1; (b) All man-made articles attached to the articles described in Schedule 1; and (c) All man-made articles and human remains located on the seabed or in the subsoil, in Australian waters or waters above the continental shelf of Australia and within a radius of 797 metres of the articles described in Schedule 1. |
Dated this 8th day of November 2017
[Signed]
Josh Frydenberg
Minister for the Environment and Energy.
Overview
The Historic Shipwrecks Act 1976 was enacted to address the protection and preservation of historic shipwrecks and relics found in Australian waters, particularly those of national significance. The Act was introduced to ensure that these underwater cultural heritage sites are managed appropriately, safeguarding them from looting, damage, and unauthorised interference. The policy objective of the Act is to conserve these significant artefacts for future generations and to provide a framework for their protection, investigation, and potential public display. The Minister for the Environment and Energy, Josh Frydenberg, declared the remains of the SS Macumba and associated relics as historic shipwrecks and relics under this Act, recognising their historical significance and the importance of their preservation in Australian waters.
Scope and Application
The Historic Shipwrecks Act 1976 applies to any shipwrecks that are deemed to be of historic significance within Australian waters or waters above the continental shelf of Australia. This Act is designed to protect and manage such shipwrecks and relics, ensuring their preservation for future generations. The Minister for the Environment and Energy has the authority to declare a shipwreck as historic, as evidenced in the gazetted declaration concerning the SS Macumba, and any associated articles removed from these waters are classified as historic relics. The Act encompasses the remains of the SS Macumba and any articles related to it, including human remains and man-made objects both within and in the vicinity of the shipwreck site. The geographic scope of the Act extends to the entire maritime domain of Australia, including state waters and the continental shelf. Subordinate instruments may further refine the application and enforcement of the Act, ensuring comprehensive coverage and management of historic shipwrecks within the nation's jurisdiction.
Key Provisions
The Historic Shipwrecks Act 1976, through its operative sections, provides the framework for the declaration of historic shipwrecks and relics. Section 5(1) allows the Minister for the Environment and Energy to declare the remains of a ship as a historic shipwreck if they are located in Australian waters or above the continental shelf and possess historic significance. Similarly, Section 5(2) enables the Minister to declare associated articles as historic relics if they are of historic significance. This recent declaration pertains to the remains of the SS Macumba and associated articles, identifying them as historic shipwrecks and relics respectively, due to their location and historical importance.
The Act imposes several obligations on the parties involved with historic shipwrecks and relics. Once declared, these items and their associated articles must be treated with respect and care, preserving their historical value. This includes ensuring that any activities around these sites are conducted in a manner that does not cause damage or undue disturbance. The Act also mandates that any person who wishes to conduct activities, such as excavation or removal, in relation to these historic relics must obtain the necessary permits and adhere to the conditions set by the Minister. Furthermore, any unauthorised interference with declared shipwrecks or relics is strictly prohibited.
Failure to comply with the provisions of the Historic Shipwrecks Act 1976 can result in significant legal consequences. Offences under the Act include unauthorised interference with a historic shipwreck or relic, which can lead to both criminal and civil penalties. Criminally, individuals or entities found guilty of such offences can be subject to substantial fines. For example, the maximum penalty for an individual can be up to $1,650,000 or imprisonment for up to 10 years, or both. Civilly, the Act provides for the recovery of costs associated with the remediation of any damage caused to the shipwreck or relics, as well as any legal costs incurred by the Commonwealth. These stringent measures are in place to ensure the protection and preservation of Australia's maritime heritage.