Declaration of a Protected Zone - SS Macumba

Overview

The Historic Shipwrecks Act 1976 was enacted to address the need for protection of Australia's historic shipwrecks, ensuring they are preserved for their cultural, historical, and archaeological value. This Act provides the legal framework for the declaration of protected zones around significant shipwrecks, ensuring they are safeguarded against unauthorised interference or damage. Pursuant to this legislation, the Minister for the Environment and Energy, Josh Frydenberg, declared an area around the historic shipwreck SS Macumba to be a protected zone. The policy objective underpinning this declaration is to protect the integrity and heritage significance of the shipwreck, preserving it for future generations and facilitating its study and appreciation. The protected zone encompasses not only the waters and seabed surrounding the shipwreck but also the airspace above and the subsoil beneath, ensuring comprehensive protection of the site.

Scope and Application

The Historic Shipwrecks Act 1976, as amended by the Gazetted instrument C2017G01229, designates a specific area around the historic shipwreck SS Macumba as a protected zone. This Act applies to any person or entity that intends to engage in activities within this zone, which encompasses the airspace, the waters, the sea-bed, and the subsoil of the seabed within a circular area centred at the intersection of the parallel 11° 22' 33" South latitude with the meridian 134° 36' 33" East longitude, with a radius of 797 metres. The protected zone is defined using the WGS84 datum and falls within Australian waters or above the continental shelf of Australia. The legislation's jurisdictional reach extends across the Commonwealth, ensuring that all activities within the defined protected zone are regulated to safeguard the historical integrity of the shipwreck. Exclusions, exemptions, or thresholds are not explicitly detailed in the gazetted instrument, but further regulations may be established through subordinate instruments to refine application and enforcement of the Act.

Key Provisions

The Historic Shipwrecks Act 1976 (the Act), as declared by the Minister for the Environment and Energy, designates a specific area encompassing the historic shipwreck SS Macumba as a protected zone. Section 7(1) of the Act provides the Minister with the authority to make such a declaration. This declaration is detailed in the Schedule, which specifies the boundaries of the protected zone. This area is defined by an imaginary circular line with a radius of 797 metres, centred at the intersection of the parallel 11° 22' 33" South latitude and the meridian 134° 36' 33" East longitude, using the WGS84 datum. The protected zone includes not only the area on the sea floor but also the airspace above it and the waters and seabed beneath it, extending to the subsoil of the seabed. Under the Act, the declaration of the protected zone imposes several obligations on individuals and entities within its boundaries. Activities such as anchoring, dredging, and other forms of physical disturbance to the shipwreck and its surroundings are restricted. Additionally, the declaration aims to preserve the historical and cultural significance of the SS Macumba, ensuring that any archaeological work or research conducted within the zone is done in accordance with the Act's requirements and with the approval of the relevant authorities. The Act also mandates that any salvage operations or removal of artefacts from the shipwreck must be authorised by the Minister, ensuring that the integrity of the site is maintained. Failure to comply with the provisions of the Historic Shipwrecks Act 1976 can result in significant consequences. Section 19 of the Act outlines the offences associated with unauthorised activities within a protected zone, including the potential for both civil and criminal penalties. For instance, an individual or entity found in breach of the Act's provisions may face fines up to $110,000 for individual offences and $550,000 for corporate offences, as stipulated under section 20. Additionally, section 21 of the Act provides for imprisonment terms, with individuals potentially facing up to five years and corporations up to ten years in prison. These stringent penalties underscore the importance of adhering to the Act's requirements to protect Australia's maritime heritage.