Proclamation - Historic Shipwrecks Act 1976 - New South Wales

Overview

The Historic Shipwrecks Act 1976 was enacted to address the need for the protection and management of shipwrecks that are of historical significance within Australian waters. This legislation was introduced to provide a legal framework for the preservation of these underwater cultural heritage sites, ensuring their protection from activities such as salvage operations that could result in their destruction or loss. The enactment of this Act by the Parliament of Australia aimed to align with international standards for the protection of cultural heritage and to safeguard Australia’s maritime history. The policy objective behind the Act is to preserve shipwrecks of historic importance, recognising their value as part of the nation's cultural heritage and their potential to contribute to historical, educational, and research purposes. The Act came into effect upon receiving Royal Assent, and a Proclamation was subsequently made to extend its application to the waters adjacent to the coast of New South Wales.

Scope and Application

The Historic Shipwrecks Act 1976 applies to historic shipwrecks, which are defined within the Act as shipwrecks that are over 75 years old or those of significant historical value. The Act governs the protection, management and investigation of these shipwrecks within Australian waters, and specifically extends to the waters adjacent to the coast of New South Wales following the proclamation made by the Governor-General. The Act applies to persons and entities who may engage in activities related to historic shipwrecks, including those involved in the salvage, excavation, or disturbance of shipwrecks, as well as any other individuals or bodies conducting research or intending to conduct commercial activities involving such shipwrecks. The Act's jurisdiction encompasses Commonwealth waters, including the territorial sea, continental shelf, and the extended continental shelf of Australia, subject to the specific proclamation for each state or territory. The Act does not explicitly outline exclusions, exemptions, or thresholds; however, its provisions are enforced and further detailed through subordinate legislation and regulations, which may specify particular conditions or criteria relevant to activities involving historic shipwrecks.

Key Provisions

The Historic Shipwrecks Act 1976, as proclaimed to apply to the waters adjacent to the coast of New South Wales, contains several key provisions that dictate how historic shipwrecks are to be treated within the specified maritime area. Section 3 of the Act (3) identifies what constitutes a "historic shipwreck", generally referring to shipwrecks that are at least 75 years old and of significant historical, archaeological or cultural importance to Australia. Section 4 (4) establishes the principle that these historic shipwrecks and their associated artefacts are the property of the Commonwealth, barring any pre-existing rights or interests held by another party. The Act imposes obligations on various parties to ensure the protection and management of historic shipwrecks. For instance, Section 5 (5) requires any person who discovers a historic shipwreck to report the discovery to the relevant Commonwealth Minister without delay. Furthermore, Section 6 (6) mandates that no person shall interfere with a historic shipwreck or its artefacts without a permit issued by the Minister. The Act also outlines procedures for the issuance of permits under Section 7 (7), stipulating the conditions that must be met to obtain such a permit. Failure to comply with the provisions of the Act can result in serious consequences. Section 12 (12) stipulates that any person who contravenes a provision of the Act is liable to a penalty. The nature and severity of the penalty can vary; for civil offences, the Act provides for fines as specified in Section 14 (14), with the maximum penalty for a corporation being $210,000 and for an individual being $21,000. In cases where the Act is contravened in a way that constitutes a criminal offence, Section 15 (15) states that the offender is liable to imprisonment for a term of up to two years, reflecting the seriousness with which the Act treats breaches concerning the protection of Australia's maritime heritage.