Historic Shipwrecks Amendment Act 1980

Overview

The Historic Shipwrecks Amendment Act 1980 was enacted to address gaps and enhance the administration of the Historic Shipwrecks Act 1976, ensuring more efficient and cooperative management of historic shipwrecks across Australian waters. This Act was passed by the Queen, the Senate, and the House of Representatives of the Commonwealth of Australia. It primarily aims to refine the jurisdictional application of the original Act, allowing for more localised control over historic shipwrecks in Australian waters, while maintaining federal oversight. The amendment process allows for the Act to be applied selectively to specific parts of coastal waters, depending on the consent of relevant state or territory governments, and it includes provisions for the cessation of the Act's application if requested by the state or territory government. Additionally, the Act provides for the continued application of federal law over certain Dutch shipwrecks and relics, reflecting the historical significance of these maritime artifacts. The Act further clarifies the geographical scope of waters adjacent to states and the Northern Territory, aligning with the boundaries described in the Petroleum (Submerged Lands) Act 1967, to ensure consistent interpretation and enforcement. It also introduces reasonable excuse defences for certain actions, broadening the scope of permissible activities under the Act. Furthermore, the Act amends the Principal Act to include provisions for state and Northern Territory authorities to perform certain functions, thereby facilitating a more collaborative approach to historic shipwreck management. This legislative amendment reflects a policy objective to balance state and federal interests while preserving Australia's maritime heritage.

Scope and Application

The Historic Shipwrecks Amendment Act 1980 is an Act that amends the Historic Shipwrecks Act 1976. The scope of this Act applies to the waters adjacent to the coast of a State or the Northern Territory, including so much of the waters within the area described in Schedule 2 to the Petroleum (Submerged Lands) Act 1967 as are within the outer limit of the continental shelf of Australia. This Act applies to the remains of ships and articles that are in those waters or have been removed from those waters. The Act extends to or in relation to Dutch shipwrecks and Dutch relics, unless a Proclamation made by the Governor-General declares that the Act ceases to apply to such shipwrecks or relics. The application of this Act may be limited by a Proclamation made by the Governor-General at the request or with the consent of the Government of the State or Northern Territory concerned. The Act may also cease to apply in relation to the waters of a State or the Northern Territory if the Government of the State or Northern Territory notifies the Government of the Commonwealth that it desires that the Act shall cease to apply. The application of the Act to or in relation to Dutch shipwrecks or relics may also cease to apply if arrangements made with respect to such shipwrecks or relics make it appropriate for the Governor-General to make a Proclamation declaring that the Act shall cease to apply. The Historic Shipwrecks Amendment Act 1980 applies to the Commonwealth, States, and the Northern Territory. The Act may be applied to a specified part of the waters adjacent to the coast of a State or the Northern Territory. The Act does not apply to Dutch shipwrecks or relics if a Proclamation made by the Governor-General declares that the Act ceases to apply to such shipwrecks or relics. The Act may also cease to apply to the waters of a State or the Northern Territory if the Government of the State or Northern Territory notifies the Government of the Commonwealth that it desires that the Act shall cease to apply. The Act may also cease to apply to Dutch shipwrecks or relics if arrangements made with respect to such shipwrecks or relics make it appropriate for the Governor-General to make a Proclamation declaring that the Act shall cease to apply. The application of the Act to or in relation to Dutch shipwrecks or relics may also cease to apply if a Proclamation made by the Governor-General declares that the Act shall cease to apply.

Key Provisions

The Historic Shipwrecks Amendment Act 1980 makes several key amendments to the Historic Shipwrecks Act 1976 (Principal Act). The most significant changes are introduced in the commencement and application of the Act, where new provisions allow for the Act to apply to specific parts of the waters adjacent to the coast of a State, and not necessarily the entirety of those waters (section 4(2)). Proclamations regarding the waters adjacent to the coasts of New South Wales, Queensland, and Western Australia, made before the commencement of this Act, shall remain in effect, and no further Proclamations shall be made without the request or consent of the respective State Government (section 4(3)). If a State Government desires that the Act cease to apply to its waters, it may notify the Commonwealth Government, leading to the Governor-General making a Proclamation to that effect (section 4(4)). Additionally, the State Government may request that the Act continue to apply to certain articles removed from the waters, and the Proclamation will reflect that request (section 4(5)). The obligations imposed by the Historic Shipwrecks Amendment Act 1980 on the parties and entities it governs include the requirement for State Governments to request or consent to Proclamations under the Act, and the ability to notify the Commonwealth Government of their desire for the Act to cease applying to their waters (section 4(4)). The Act also allows the Governor-General to make Proclamations based on arrangements made with respect to Dutch shipwrecks or relics, and to declare the cessation of the Act's application to Dutch shipwrecks or relics in certain waters (section 4(7)). Furthermore, the Act requires the Act to continue applying to specified Dutch relics removed from the waters, should a Proclamation be made to that effect (section 4(8)). Breaches of the Historic Shipwrecks Amendment Act 1980 may result in civil or criminal consequences. Although the Act does not explicitly outline the specific offences or penalties, it is reasonable to assume that penalties would align with those provided in the Principal Act or any other relevant legislation. The Principal Act may impose penalties for unauthorised interference with historic shipwrecks or relics, which could include fines or imprisonment. The exact penalties would depend on the nature and severity of the breach, as well as any applicable laws and regulations in force at the time of the offence.