Historic Shipwrecks Regulations 1978
Statutory Rules 1978 No. 93 as amended
made under the
Historic Shipwrecks Act 1976
This compilation was prepared on 21 February 2002
taking into account amendments up to SR 2002 No. 8
Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra
Contents
Page
1 Name of Regulations [see Note 1]
2 Interpretation
3 Prescribed fee for the purposes of subsection 12 (3) of the Act
4 Prohibition of certain activities in protected zones generally
4A Prescribed amount for the purposes of subsection 18 (1) of the Act
5 Identity card
Schedule Inspector’s Identity Card No.
Notes
1 Name of Regulations [see Note 1]
These Regulations are the Historic Shipwrecks Regulations 1978.
2 Interpretation
In these Regulations:
ship includes a hovercraft and any similar craft.
the Act means the Historic Shipwrecks Act 1976.
3 Prescribed fee for the purposes of subsection 12 (3) of the Act
For the purposes of subsection 12 (3) of the Act, the prescribed fee, on payment of which a person is entitled to be furnished with a copy of, or of any part of, the Register, is 50 cents per page of the copy.
4 Prohibition of certain activities in protected zones generally
(1) A person shall not do any of the following acts:
(a) bring into a protected zone equipment constructed or adapted for diving, salvage or recovery operations, or any explosives, instruments or tools the use of which would be likely to cause damage to, or interference with, a historic shipwreck or a historic relic situated within that protected zone;
(b) use within a protected zone any such equipment, explosives, instruments or tools;
(c) cause a ship carrying any such equipment, explosives, instruments or tools to enter, or remain within, a protected zone;
(d) trawl, or dive or engage in any other underwater activity, within a protected zone;
(e) moor or use ships within a protected zone.
Penalty: 10 penalty units, or imprisonment for 1 year, or both.
(2) However, it is a defence to a prosecution under subregulation (1) if the person:
(a) is acting in accordance with a permit granted under subsection 15 (1) of the Act; or
(b) has a reasonable excuse.
Note A defendant bears an evidential burden in relation to the matters mentioned in subregulation (2) (see section 13.3 of the Criminal Code).
4A Prescribed amount for the purposes of subsection 18 (1) of the Act
For the purposes of subsection 18 (1) of the Act the prescribed amount is $50,000.
5 Identity card
(1) An identity card required by subsection 22 (2) of the Act to be issued to each inspector appointed under subsection 22 (1) of the Act shall be substantially in accordance with the form in the Schedule.
(2) Each identity card issued under subsection 22 (2) shall be numbered consecutively.
(3) The Minister shall cause a record to be kept of each identity card issued and of its number.
Schedule Inspector’s Identity Card No.
(regulation 5)
COMMONWEALTH OF AUSTRALIA
Historic Shipwrecks Act 1976
(subsection 22 (2))
INSPECTOR’S IDENTITY CARD No.
The person whose name, address, photograph and signature appear below is an inspector for the purposes of the Historic Shipwrecks Act 1976.
Name............................. | Photograph |
Address........................... |
Signature.......................... |
Dated this day of 19 .
Minister of State for Home Affairs
Notes to the Historic Shipwrecks Regulations 1978
Note 1
The Historic Shipwrecks Regulations 1978 (in force under the Historic Shipwrecks Act 1976) as shown in this compilation comprise Statutory Rules 1978 No. 93 amended as indicated in the Tables below.
Table of Statutory Rules
Year and
number | Date of notification
in Gazette | Date of
commencement | Application, saving or
transitional provisions |
1978 No. 93 | 27 June 1978 | 27 June 1978 | |
1979 No. 124 | 5 July 1979 | 5 July 1979 | — |
1980 No. 391 | 31 Dec 1980 | 31 Dec 1980 | — |
1983 No. 24 | 28 Feb 1983 | 28 Feb 1983 | — |
1990 No. 115 | 5 June 1990 | 5 June 1990 | — |
2002 No. 8 | 21 Feb 2002 | 21 Feb 2002 | — |
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted |
Provision affected | How affected |
R. 1 ................. | rs. 2002 No. 8 |
R. 2................. | am. 1983 No. 24; 1990 No. 115 |
R. 4................. | am. 1979 No. 124; 1983 No. 24; 1990 No. 115; 2002 No. 8 |
Rr. 4AA, 4AB........... | ad. 1983 No. 24 |
| rep. 1990 No. 115 |
R. 4A................ | ad. 1980 No. 391 |
Overview
The Historic Shipwrecks Regulations 1978 were enacted to provide detailed rules and procedures under the Historic Shipwrecks Act 1976. This legislation was introduced to address the need for comprehensive protection of historic shipwrecks and relics within Australian waters, ensuring that these invaluable cultural heritage assets are preserved for future generations. The Act was enacted by the Parliament of Australia, with the Regulations being made under the authority of the Act to provide further detail and operational guidance. The policy objective of the Act and its Regulations is to safeguard Australia's maritime heritage by regulating activities around historic shipwrecks and relics, thereby preventing damage and unauthorised interference.
Scope and Application
The Historic Shipwrecks Regulations 1978, made under the Historic Shipwrecks Act 1976, provide specific rules and guidelines for the protection of historic shipwrecks within Australian waters. These regulations apply to all individuals, entities, and vessels operating within the designated protected zones established under the Act. The scope of these regulations is national, covering the entire Commonwealth of Australia, and they govern conduct related to the preservation and protection of historic shipwrecks. Exclusions from these regulations may exist for activities conducted in accordance with a permit granted under the Act or if a reasonable excuse is provided as a defence against prosecution. The application of these regulations can be extended or restricted through subordinate instruments, allowing for adjustments as necessary to ensure the effective protection of historic shipwrecks. These regulations mandate the prohibition of certain activities within protected zones, such as the use of diving or salvage equipment, explosives, or any actions that could potentially damage or interfere with historic shipwrecks or relics. The prescribed fee for obtaining a copy of the Register is set at 50 cents per page, and the prescribed amount for the purposes of certain subsections of the Act is $50,000. Inspectors appointed under the Act are required to carry an identity card that meets the specifications set out in the Schedule of these Regulations.
Key Provisions
The Historic Shipwrecks Regulations 1978, made under the Historic Shipwrecks Act 1976, outline several key provisions. Regulation 4, for example, prohibits specific activities within protected zones. These activities include bringing equipment or explosives into the zone, using such items within it, causing ships carrying these items to enter or remain in the zone, engaging in trawling or underwater activities, and mooring or using ships within the zone (Regulation 4(1)). These restrictions are designed to protect historic shipwrecks and relics from damage or interference. A defence is available if the activities are conducted in accordance with a permit issued under the Act or if there is a reasonable excuse (Regulation 4(2)).
The Regulations impose obligations on individuals and entities to ensure compliance with these provisions. For instance, the Act requires inspectors to be issued identity cards, which must adhere to the form provided in the Schedule and be numbered consecutively (Regulation 5(1) and (2)). The Minister is responsible for maintaining a record of each issued identity card (Regulation 5(3)). These requirements ensure that inspectors can be properly identified and held accountable for their actions under the Act.
Violations of the Regulations can lead to significant consequences. Under Regulation 4(1), engaging in the prohibited activities within a protected zone is an offence, with penalties including a fine of 10 penalty units, imprisonment for up to one year, or both (Regulation 4(1)). A defendant has the burden of proving they had a permit or a reasonable excuse, as per section 13.3 of the Criminal Code. Additionally, the Regulations set a prescribed amount of $50,000 for certain purposes under the Act (Regulation 4A), indicating the potential financial impact of non-compliance.
In summary, the Historic Shipwrecks Regulations 1978 establish clear rules and obligations to protect historic shipwrecks and relics. They mandate specific activities' prohibition within protected zones, require inspectors to have identity cards, and outline penalties for non-compliance, including fines and imprisonment. These provisions collectively support the Act's aim to preserve Australia's maritime heritage.