Commonwealth of Australia
Historic Shipwrecks Act 1976
Amendments to Declarations of Protected Zones
I, Greg Hunt, Minister for the Environment, pursuant to subsection 31(3) of the Historic Shipwrecks Act 1976, hereby amend the declarations of the protected zones described in the Schedule.
Schedule |
(a) Vary the declaration of a protected zone surrounding the historic shipwreck Clonmel made by the Minister for Communication and the Arts on 31 August 1996 and published in the Gazette on 2 October 1996, pursuant to subsection 7(1) of the Historic Shipwrecks Act 1976, by omitting the sentence “latitude 38° 44' 44"S, longitude 146° 40' 37"E” and substituting “the intersection of the parallel 38° 44' 38" South latitude with the meridian 146° 40' 39" East longitude as defined using WGS 84 datum and as consists of Australian waters or waters above the continental shelf of Australia”. (b) Vary the declaration of a protected zone surrounding the historic shipwreck
Zuytdorp made by the Minister of State for Home Affairs on 5 October 1978 and published in the Gazette on 28 November 1978, pursuant to subsection 7(1) of the Historic Shipwrecks Act 1976, by omitting the sentence in schedule 1 “so much of the area bounded by an imaginary line forming a circle with a radius of 500 metres the centre of which is at the intersection of the parallel 27° 10' 54" south latitude with the meridian of 113° 56' 15" east longitude as consists of Australian waters” and substituting “so much of the area bounded by an imaginary line forming a circle with a radius of 500 metres, the centre of which is at the intersection of the parallel 27° 11' 10" South latitude with the meridian 113° 56' 11" East longitude as defined using WGS 84 datum and as consists of Australian waters or waters above the continental shelf of Australia” (c) Vary the declaration of a protected zone surrounding the historic shipwreck
SMS Emden made by the Minister of State for Home Affairs and Environment on 10 March 1982 and published in the Gazette on 12 March 1982, pursuant to subsection 7(1) of the Historic Shipwrecks Act 1976, by omitting the sentence in schedule 1 “the intersection of the parallel of latitude 11° 50' 30" South with the meridian of longitude 96° 49' 22" East” and substituting “the intersection of the parallel 11° 50' 40" South latitude with the meridian 96° 49' 13" East longitude as defined using WGS 84 datum and as consists of Australian waters or waters above the continental shelf of Australia”. (d) Vary the declaration of a protected zone surrounding the historic shipwreck
HMS Pandora made by the Minister of State for the Arts, Tourism and Territories on 9 May 1991 and published in the Gazette on 13 May 1991, pursuant to subsection 7(1) of the Historic Shipwrecks Act 1976, by: - omitting the paragraph “declare an area of land and sea as a protected zone, being the area of a circle of 500 metres radius, having as its centre of the remains of HMS Pandora described in the schedule” and substituting “declare so much of the area surrounding HMS Pandora bounded by an imaginary line forming a circle with a radius of 500 metres, the centre of which is at the intersection of the parallel 11° 22' 19" South latitude with the meridian 143° 59' 16" East longitude as defined using WGS 84 datum and as consists of Australian waters or waters above the continental shelf of Australia”; and
- omitting the location for the HMS Pandora in the schedule “Lat 11° 22' 40"
Lon 143° 59' 35"” and substituting “Latitude 11° 22' 19" South, Longitude 143° 59' 16" East”.
(e) Vary the declaration of a protected zone surrounding the historic shipwreck
Foam made by the Minister of State for Arts, Heritage and Environment on
29 August 1985 and published in the Gazette on 26 September 1985, pursuant to subsection 7(1) of the Historic Shipwrecks Act 1976, by omitting the sentence in schedule 1 “The area of sea within a circle having a radius of 50 metres and having its centre at the intersection of the parallel of latitude 18° 16' 20" South with the meridian of longitude 147° 23' 10" East” and substituting “So much of the area bounded by an imaginary line forming a circle with a radius of 200 metres, the centre of which is at the intersection of the parallel 18° 16' 12" South latitude with the meridian 147° 22' 58" East longitude as defined using WGS 84 datum and as consists of Australian waters or waters above the continental shelf of Australia”. (f) Vary the declaration of a protected zone surrounding the historic shipwreck
Gothenburg made by the Minister of State for the Arts and Territories on
20 April 1992 and published in the Gazette on 29 April 1992, pursuant to subsection 7(1) of the Historic Shipwrecks Act 1976, by: - omitting the sentence “an area of 200 metres centred on the Gothenburg described in the schedule” and substituting “so much of the area surrounding the Gothenburg bounded by an imaginary line forming a circle with a radius of 200 metres, the centre of which is at the intersection of the parallel 19° 21' 59" South latitude with the meridian 148° 03' 25" East longitude as defined using WGS 84 datum and as consists of Australian waters or waters above the continental shelf of Australia”; and
- omitting the location for the Gothenburg in the schedule “Lat 19° 22' 06"
Lon 148° 03' 21"” and substituting “Latitude 19° 21' 59" South, Longitude 148° 03' 25" East”.
|
Dated this 26th day of February 2014
[Signed]
Greg Hunt
Minister for the Environment.
Overview
The Commonwealth of Australia's Historic Shipwrecks Act 1976 was enacted to protect historic shipwrecks from unauthorised interference, recognising their significance as part of Australia's maritime heritage. The Act established a legal framework to protect these sites from unauthorised activities such as salvage or exploration, which could potentially damage or disturb these important historical artefacts. The 1976 Act was a response to the growing awareness of the need to preserve Australia's underwater cultural heritage, ensuring that such significant historical resources were not lost or destroyed through neglect or improper management.
The 2014 amendments to the declarations of protected zones under the Act, announced by Greg Hunt, the Minister for the Environment, aimed to refine the geographical boundaries of certain protected zones surrounding historic shipwrecks to ensure greater precision and adherence to modern geospatial standards. These amendments were made pursuant to subsection 31(3) of the Act, ensuring the continued protection and accurate documentation of these significant maritime heritage sites. This action reflects the ongoing commitment to preserving Australia's underwater cultural heritage by maintaining the integrity of protected zones around these historically important shipwrecks.
Scope and Application
The Historic Shipwrecks Act 1976 applies to historic shipwrecks and their associated artefacts within Australian waters or above the continental shelf of Australia, establishing protected zones around these sites to safeguard them. The Act is administered by the Commonwealth of Australia and its application extends to any person or entity intending to engage in activities that may disturb, damage, or interfere with a protected shipwreck site. The Minister for the Environment has the authority to declare and amend protected zones, as evidenced in the Gazette amendments, to ensure precision in the location and scope of protection. Notably, the Act does not specify exclusions or exemptions, meaning that all historic shipwrecks within the defined jurisdictional reach are subject to its provisions. Subordinate instruments may further define the application of the Act, but the primary text does not outline specific extensions or restrictions beyond the declared protected zones.
Key Provisions
The Historic Shipwrecks Act 1976 (C2014G00407) includes provisions for the protection of shipwrecks of historical significance. Section 7(1) of the Act allows for the declaration of protected zones around shipwrecks, and subsection 31(3) provides the authority for the Minister for the Environment to amend these declarations. The recent Gazette amendment pertains to the adjustment of the coordinates and descriptions of the protected zones for six historic shipwrecks: the Clonmel, Zuytdorp, SMS Emden, HMS Pandora, Foam, and Gothenburg. These amendments include changes to the specific geographical coordinates and descriptions of the protected zones, which are now defined using the WGS 84 datum and specify that the protected areas consist of Australian waters or waters above the continental shelf of Australia.
The obligations imposed by the Act on parties within these protected zones include compliance with the restrictions on activities that could disturb or damage the shipwrecks. This means that any person or entity must obtain the necessary permits and adhere to the regulations set out by the Minister to conduct activities such as diving, fishing, or any other form of exploration or extraction that could impact the shipwrecks. The amendments ensure that these obligations are clearly defined in terms of the new coordinates and descriptions of the protected zones.
Failure to comply with the provisions of the Historic Shipwrecks Act 1976 can result in both civil and criminal penalties. Under the Act, unauthorised activities within a protected zone can lead to enforcement actions. The maximum penalties for contravening the Act include substantial fines, which can reach up to $330,000 for individuals and $1.65 million for corporations, as well as potential imprisonment for serious offences. These penalties reflect the importance of preserving Australia's maritime heritage and the serious consequences of disregarding the legal protections in place for historic shipwrecks.