Commonwealth of Australia
Historic Shipwrecks Act 1976
Declaration of a Protected Zone
I, Mark Butler, Minister for the Environment, Heritage and Water, pursuant to subsection 7(1) of the Historic Shipwrecks Act 1976, hereby declare the area described in the Schedule, being an area within which the historic shipwreck Sanyo Maru is located, to be a protected zone.
Schedule |
(a) So much of the area bounded by an imaginary line forming a circle with a radius of 797 metres the centre of which is at the intersection of the parallel
11° 41' 30" South latitude with the meridian 134° 36' 40" East longitude as defined using WGS84 datum and as consists of Australian waters or waters above the continental shelf of Australia. (b) The area shall be taken to include the airspace above the area and, to the extent to which the area consists of the surface of any sea, to include the waters beneath the area, the sea‑bed beneath those waters and the subsoil of that sea‑bed. |
Dated this 18 day of July 2013
[Signed]
Mark Butler
Minister for the Environment, Heritage and Water.
Overview
The Historic Shipwrecks Act 1976 was enacted by the Parliament of Australia to address the need for the protection and management of historic shipwrecks located within Australian waters, ensuring that these significant cultural artefacts are preserved for future generations. This Act establishes a legal framework that allows for the declaration of protected zones around historic shipwrecks, thereby preventing unauthorised activities that could lead to their degradation or loss. The policy objective of the Act is to safeguard Australia's maritime heritage by providing for the protection of historic shipwrecks and their associated artefacts, thus contributing to the nation's cultural identity and historical knowledge. Pursuant to this legislation, Minister for the Environment, Heritage and Water, Mark Butler, declared a protected zone around the historic shipwreck Sanyo Maru, thereby reinforcing the commitment to preserving and protecting Australia's underwater cultural heritage.
Scope and Application
The Historic Shipwrecks Act 1976 applies to historic shipwrecks and their associated artefacts within Australian waters and on the Australian continental shelf, aiming to protect and manage these cultural heritage assets. The Act designates specific areas around historic shipwrecks as protected zones, prohibiting certain activities without authorisation from the Minister for the Environment, Heritage and Water. The declared protected zone in this instance pertains to the shipwreck Sanyo Maru, encompassing the waters, airspace, seabed, and subsoil within a specified circular area of 797 metres radius, as detailed in the Schedule of the Act. This legislative measure is applicable across the Commonwealth of Australia, ensuring a unified approach to the preservation and management of historic shipwrecks. Exclusions or exemptions are not specified in this declaration, and the Act's application may be further defined or extended through subordinate instruments, such as regulations or guidelines issued by the Minister.
Key Provisions
The Historic Shipwrecks Act 1976 establishes the framework for the protection and management of historic shipwrecks in Australian waters. Section 7(1) of the Act allows the Minister for the Environment, Heritage and Water to declare a protected zone around a historic shipwreck. In this case, the Minister has declared an area around the historic shipwreck Sanyo Maru to be a protected zone. This protected zone encompasses not only the physical location of the shipwreck but also the airspace above it, the waters beneath it, the sea-bed, and the subsoil of the sea-bed within the specified area.
The obligations and requirements imposed by this Act on the parties and entities it governs are primarily aimed at ensuring the preservation and protection of the shipwreck site. The protected zone declaration restricts activities within the zone to prevent damage or disturbance to the shipwreck. This includes prohibiting unauthorised entry into the protected zone, the removal of any artefacts, and any activities that might harm the shipwreck or its surroundings. The Act mandates that all activities within the protected zone must be conducted in a manner that safeguards the integrity of the shipwreck and its historical significance.
Failure to comply with the provisions of the Historic Shipwrecks Act 1976 can result in both civil and criminal consequences. The Act provides for the imposition of fines and penalties for breaches. For instance, unauthorised activities within the protected zone can lead to significant fines, with the maximum penalty varying depending on the severity and nature of the offence. Additionally, individuals or entities found guilty of wilful damage to a protected shipwreck may face imprisonment, reflecting the seriousness with which the Act treats the preservation of these historical sites.
The declared protected zone and the obligations it entails are crucial for the conservation of the Sanyo Maru and its historical value. By legally restricting activities within the specified area, the Act aims to protect the shipwreck from potential harm, ensuring that future generations can appreciate and learn from this significant part of Australia’s maritime history. The enforcement of these provisions and the associated penalties serve as a deterrent against any actions that could compromise the integrity of the protected zone.