Proclamation - Historic Shipwrecks Act 1976 - South Australia

Overview

The Historic Shipwrecks Act 1976 was enacted by the Commonwealth Parliament to address the need for the preservation and management of historic shipwrecks located in Australian waters. This legislation was introduced to fill the gap in national policy regarding the protection of these significant cultural heritage resources, which were often at risk from looting, vandalism, and commercial exploitation. The policy objective of the Act was to ensure that historic shipwrecks are preserved and managed in a manner that respects their historical and cultural significance, while also facilitating public access and appreciation of these underwater sites. The Act came into operation on the day of Royal Assent but was not applicable to state waters until a formal proclamation was made by the Governor-General. The proclamation for the State of South Australia was issued on 11 June 1980 by Sir Zelman Cowen, the Governor-General of the Commonwealth of Australia, declaring the Act applicable to the waters adjacent to South Australia's coast. This proclamation was made in accordance with section 2 of the Act, which specifies the conditions under which the Act extends to state waters.

Scope and Application

The Historic Shipwrecks Act 1976, as proclaimed for application in South Australian waters by the Governor-General, extends its protective provisions to shipwrecks of historical significance located within the maritime jurisdiction of South Australia. This encompasses the preservation of shipwrecks that hold cultural, historical, or archaeological value, thereby safeguarding Australia's maritime heritage. The Act applies to both persons and entities engaged in activities that may impact these shipwrecks, including salvage operations, exploration, and any form of commercial exploitation. The geographic reach of the Act is specifically designated to the waters adjacent to the coast of South Australia, reinforcing the Commonwealth's commitment to protecting historic maritime resources within state boundaries. The Act's application is not limited by any specified exclusions or exemptions within the proclamation itself, though it is subject to the broader provisions of the Act, including any potential exclusions or exemptions detailed therein. The proclamation underscores the importance of coordinated federal and state efforts in preserving Australia's maritime heritage.

Key Provisions

The main operative sections of the Proclamation (F2009B00096) pertain to the declaration that the Historic Shipwrecks Act 1976 will apply to waters adjacent to the coast of South Australia. As stated in the proclamation, the Act will come into operation on the day it receives Royal Assent, but it will not apply in relation to the relevant waters until the proclamation is made (section 2). The proclamation effectively extends the application of the Act to include these waters, ensuring that the Act's protections and regulations now cover the maritime areas adjacent to the South Australian coastline. The Historic Shipwrecks Act 1976, as applied to the waters adjacent to the coast of South Australia, imposes certain obligations and requirements on the parties and entities it governs. These may include restrictions on the excavation, disturbance, or removal of historic shipwrecks and their associated artefacts, as well as the need for permits or authorisations for any activities related to such shipwrecks. The Act also likely includes provisions for the protection, conservation, and management of these underwater cultural heritage sites to ensure their preservation for future generations. Breach of the Historic Shipwrecks Act 1976, once it applies to the waters adjacent to South Australia, can result in various offences, penalties, or civil and criminal consequences. The specific details of these consequences would depend on the nature and severity of the breach. Generally, unauthorised activities involving historic shipwrecks, such as unauthorised excavation or removal of artefacts, could result in criminal charges. The Act may prescribe penalties for such offences, which could include fines and/or imprisonment. Additionally, civil actions may be pursued for damages resulting from unauthorised activities that harm the historic shipwrecks or their sites. The maximum penalties for breaches of the Act are not specified in the proclamation itself but would be detailed within the Act. Typically, the Act might outline specific fines and imprisonment terms based on the severity of the offence. For example, more serious offences, such as commercial exploitation of historic shipwrecks, might incur higher penalties compared to lesser infractions. The proclamation ensures that these penalties apply equally to the maritime areas adjacent to South Australia, now that the Act has been extended to cover these waters.