Commonwealth of Australia
Historic Shipwrecks Act 1976
Declaration of a Historic Shipwreck and of Historic Relics
I, Greg Hunt, Minister for the Environment , 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 USAT Don Isidro, 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
USAT Don Isidro, 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 steel hulled vessel lying on an approximate north south axis 97.8 metres in length. The vessel remains sit proud of the seabed with the bow pointing to the south. Bow and stern have broken away from the mid section of the hull. The diesel engine and engine blocks remain large features on the site along with hull plating and derrick masts. | 110 42’ 41” S latitude 1300 4’ 2” E longitude as defined using GDA94 datum at a depth of approximately 6 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 13th day of February 2014
Greg Hunt
Minister for the Environment.
Overview
The Historic Shipwrecks Act 1976 was enacted to provide for the protection of historic shipwrecks and relics within Australian waters and on the continental shelf. This Act was introduced to address the need for a comprehensive legislative framework to protect and manage shipwrecks and relics of historical significance, ensuring their preservation for future generations. The Minister for the Environment, Greg Hunt, exercised his powers under this Act to declare the remains of the USAT Don Isidro as a historic shipwreck and the associated articles as historic relics. This declaration was made based on the belief that these remains and articles are of significant historical importance, warranting protection and management under the provisions of the Act. The policy objective underlying this declaration is to safeguard Australia's maritime heritage and ensure that historic shipwrecks and relics are preserved and managed in a manner that respects their historical value and significance.
Scope and Application
The Historic Shipwrecks Act 1976 applies to any shipwrecks and relics located in Australian waters or waters above the continental shelf, with a particular focus on those of historic significance. This Act allows for the declaration of certain shipwrecks as "historic shipwrecks" and associated items as "historic relics," as demonstrated in the recent declaration concerning the USAT Don Isidro. The declaration is made by the Minister for the Environment, in this instance Greg Hunt, who identifies the remains of the USAT Don Isidro and its associated articles as historic shipwrecks and relics, respectively. The geographic scope of the Act extends to any location within Australian waters or above the continental shelf, and the jurisdictional reach is federal, governed by the Commonwealth of Australia. The Act does not specify particular exclusions, exemptions, or thresholds, but the declaration process allows for detailed specification of what constitutes a historic shipwreck or relic on a case-by-case basis. The Act may also extend or restrict its application through subordinate instruments, although specific details of such instruments are not provided in this declaration.
Key Provisions
The main operative sections of the Historic Shipwrecks Act 1976 include sections 5(1) and 5(2), which permit the Minister for the Environment to declare certain underwater remains and associated articles as historic shipwrecks and historic relics. In this specific instance, section 5(1) allows the Minister to declare the remains of a ship, in this case the USAT Don Isidro, as a historic shipwreck if they are located in Australian waters or on the continental shelf and are of historic significance. Similarly, section 5(2) enables the Minister to declare articles associated with the shipwreck as historic relics if they are also of historic significance. These provisions provide the framework for recognising and protecting historically important underwater cultural heritage.
The Act imposes several obligations on the parties or entities it governs. Primarily, it requires that any activities involving historic shipwrecks or relics be conducted in accordance with the Act and any regulations or guidelines made under it. This includes prohibiting the removal, damage, or disturbance of historic shipwrecks or relics without a permit. Furthermore, the Act mandates that any excavation or research on historic shipwrecks or relics be carried out with the consent of the Minister for the Environment and in a manner that preserves the integrity of the site. These obligations ensure that the cultural heritage represented by historic shipwrecks and relics is protected and respected.
Failure to comply with the requirements of the Historic Shipwrecks Act 1976 can result in various civil and criminal consequences. Under section 13 of the Act, a person who contravenes a provision of the Act, a regulation, or a condition of a permit can be subject to civil penalties. The maximum penalty for an individual is 50 penalty units, while for a body corporate, the maximum penalty is 250 penalty units. In addition to civil penalties, certain offences under the Act can also result in criminal prosecution. For instance, section 14 of the Act specifies that a person who wilfully or recklessly damages a historic shipwreck or relic can be guilty of an offence and face imprisonment for up to two years or a fine of up to 50,000 penalty units, or both. These provisions serve as deterrents to ensure compliance with the Act and the protection of historic shipwrecks and relics.