EXPLANATORY STATEMENT
STATUTORY RULES 1990 NO 115
REGULATION UNDER HISTORIC SHIPWRECKS ACT 1976:
HISTORIC SHIPWRECKS ACT 1976 - AMENDMENT OF REGULATIONS
The Historic Shipwrecks Act 1976 provides that an area may be declared a protected zone for the purpose of protecting an historic shipwreck. Subsection 14(1) of the Act provides for Regulations to be made to prohibit certain activities in protected zones.
The Principal Regulations made under the Act prohibit a range of activities in protected zones which would be likely to damage or interfere with an historic shipwreck or an historic relic except in accordance with a permit granted under sub-section 15(1) of the Act.
In 1982 the Queensland Government sought a declaration of a protected zone around the historic shipwreck Yongala, and amendment of the Principal Regulations in respect of that wreck, to allow individuals to enter the zone, moor and use a ship (provided this did not interfere with the wreck) and dive within the zone without the need for a permit. In effect this allowed individuals to dive on the wreck on a “look but do not touch” basis. The use of explosives or tools for salvage or recovery operations, trawling or fishing, or the removal of any other form of marine life associated with the wreck remained prohibited. This special protective regime for the Yongala was implemented through an amendment of the Principal Regulations.
The new amendment to the Principal Regulations, which was recommended by the Ministers delegate in Queensland, removes the special access arrangements for the Yongala protected zone. This move follows a number of incidents in recent years which have resulted in damage to the wreck site.
(Issued under the authority of the Minister for the Arts, Tourism and Territories).
Overview
The Historic Shipwrecks Act 1976 was enacted to establish a legal framework for the protection of historic shipwrecks and their relics within Australian waters. This Act was introduced to address the growing concern over the preservation of maritime heritage, providing for the declaration of protected zones and the regulation of activities that may endanger these valuable historical sites. The enacting body responsible for this legislation was the Parliament of Australia. The policy objective of the Act is to safeguard historic shipwrecks and relics from activities that could cause damage or interference, ensuring they remain intact for future generations to appreciate and study.
The regulation amendment in 1990 under the Act, specifically targeting the Principal Regulations, sought to modify the protective measures around the Yongala shipwreck in Queensland. Initially, special provisions were implemented to allow diving on the wreck under a "look but do not touch" principle, permitting certain activities while prohibiting others. However, subsequent damage to the site led to the revision of these regulations, tightening the restrictions to prevent further harm. This amendment, recommended by the Minister's delegate in Queensland, reflects the government's commitment to preserving the integrity of historic shipwrecks in response to incidents that threatened their condition.
Scope and Application
The Historic Shipwrecks Act 1976, as amended by the statutory rules of 1990, provides for the declaration of protected zones to safeguard historic shipwrecks and relics. These zones restrict certain activities that could potentially damage or interfere with the wrecks, unless conducted under a permit. The Act applies to individuals, entities, and industries within the jurisdiction of the Commonwealth of Australia, aiming to preserve and protect historic shipwrecks and associated relics. The application of the Act extends to national waters and shipwrecks of historical significance, irrespective of their location within Australia. However, the Act allows for specific exemptions and exceptions, such as the special arrangements for the Yongala shipwreck, which permitted certain activities within the protected zone around the wreck. These amendments to the Principal Regulations reflect a dynamic approach to heritage protection, adjusting the regulatory framework in response to the changing circumstances and incidents affecting the wreck sites. The scope of the Act is further defined and expanded through subordinate instruments, which adapt the regulations to meet the evolving needs of heritage preservation.
Key Provisions
The main operative sections of the Historic Shipwrecks Act 1976, as amended by the new statutory rule, pertain to the establishment of protected zones around historic shipwrecks to prevent damage and interference (Section 14(1)). The Principal Regulations (Section 15) prohibit specific activities within these protected zones unless authorised by a permit. The recent amendment to the Principal Regulations specifically alters the conditions around the Yongala shipwreck, revoking the special access arrangements that previously allowed individuals to dive within the protected zone without a permit, while maintaining prohibitions on activities such as the use of explosives, trawling, fishing, and removal of marine life (Section 15(1)).
The Act imposes several obligations on parties and entities within these protected zones. These include compliance with the regulations prohibiting certain activities that could damage the shipwreck or its relics. Entities such as individuals, businesses, or recreational divers must adhere to these restrictions to prevent any form of interference or damage to the protected shipwreck. Additionally, any entity seeking to conduct activities within the protected zone, such as archaeological research or commercial salvage operations, must obtain the necessary permits as stipulated under the Act (Section 15(1)).
Failure to comply with the provisions of the Act and the amended regulations can result in various consequences. Offences under the Act include unauthorised entry into a protected zone, conducting prohibited activities without a permit, or damaging a shipwreck or its relics. The potential penalties for such breaches can be significant. For instance, individuals found guilty of contravening the Act may face fines up to the maximum amount prescribed by the relevant laws, and in some cases, imprisonment. The exact penalties would depend on the severity of the breach and any applicable judicial discretion.
The new amendment, which tightens restrictions around the Yongala shipwreck, reflects the legislative intent to safeguard the integrity of the wreck site following incidents of damage. The revocation of special access arrangements signifies a stricter enforcement approach to ensure that the historic shipwreck is preserved for future generations. This amendment underscores the importance of compliance with the regulations to maintain the protection and preservation of Australia's maritime heritage.