Proclamation - Historic Shipwrecks Act 1976 - Queensland

Overview

The Historic Shipwrecks Act 1976 was enacted to provide for the preservation of shipwrecks that are considered to be of historic significance, thereby addressing the problem of the potential loss of culturally valuable maritime heritage through uncontrolled salvage and looting activities. This Act was enacted by the Commonwealth Parliament to establish a framework for the protection of historic shipwrecks within Australian waters, with the policy objective of ensuring that such shipwrecks are preserved for future generations and that their historical and cultural significance is recognised and protected. The Act came into operation upon receiving the Royal Assent but was not applicable to state waters until a formal proclamation was made. The proclamation for Queensland was issued on 18 November 1977 by Sir John Robert Kerr, the Governor-General, on the advice of the Federal Executive Council, signifying that the Act would henceforth apply to the waters adjacent to the coast of Queensland.

Scope and Application

The Historic Shipwrecks Act 1976 applies to historic shipwrecks and their relics within the jurisdictional waters adjacent to the coast of a state in Australia. This Act was proclaimed for application in the state of Queensland, extending its reach to the waters above the continental shelf adjacent to the coast of Queensland. The Act governs the conduct, transactions, and entities involved in the exploration, excavation, and removal of historic shipwrecks and their relics, ensuring that they are managed in a manner that preserves their historical significance and cultural value. This legislation is designed to protect these underwater cultural heritage sites from unauthorised or inappropriate activities that might lead to their degradation or loss. The application of the Act in Queensland is significant as it provides a legal framework to safeguard the state's maritime history, aligning with national preservation efforts while respecting state-specific regulations. The Act’s scope is defined by the proclamation, which delineates its jurisdictional boundaries and applicability to the specific waters of Queensland.

Key Provisions

The main operative sections of the Historic Shipwrecks Act 1976 (section 2) establish that the Act commences on the day it receives Royal Assent but does not apply to state waters until a Proclamation is issued. This Proclamation, detailed in the document, specifically applies the Act to waters adjacent to the coast of Queensland. This means that once the Proclamation is made, the Act governs historic shipwrecks within Queensland’s maritime territory. Under the Act, the obligations imposed on parties or entities revolve around the protection and management of historic shipwrecks. Section 16, for example, requires that any person intending to dive to a historic shipwreck must first obtain a permit from the relevant authority. This is intended to ensure that activities related to historic shipwrecks are conducted in a manner that respects and preserves these cultural heritage sites. Additionally, section 17 mandates that any discovery of a historic shipwreck must be reported to the appropriate authorities, ensuring that such finds are properly documented and managed. The Act also includes provisions that address breaches and establish consequences for non-compliance. Under section 18, unauthorised diving to a historic shipwreck is an offence, with potential penalties including fines and imprisonment. Specifically, section 19(1) states that an individual found guilty of this offence may be fined up to $50,000 or, in the case of a body corporate, up to $250,000. These penalties underscore the importance of adhering to the Act’s requirements and highlight the legal consequences of failing to do so. Furthermore, section 20 outlines that failure to report a discovered historic shipwreck can also result in fines and imprisonment, further enforcing the Act’s regulatory framework.