Proclamation - Historic Shipwrecks Act 1976 - Tasmania

Overview

The Historic Shipwrecks Act 1976 (HSA) was enacted to address the issue of protecting and managing historic shipwrecks within Australian waters. The Act was introduced to ensure that such significant underwater cultural heritage sites are preserved and managed in a manner that respects their historical and cultural importance. The HSA was enacted by the Parliament of Australia, with the aim of providing a legal framework for the protection of shipwrecks of national significance. The proclamation, signed by Sir Zelman Cowen, the Governor-General of the Commonwealth of Australia, on 15 February 1982, extended the application of the HSA to waters adjacent to the coast of the State of Tasmania, thereby reinforcing the commitment to protect these historic sites within the jurisdiction of the Commonwealth.

Scope and Application

The Historic Shipwrecks Act 1976, as proclaimed by the Governor-General of the Commonwealth of Australia, applies specifically to waters adjacent to the coast of the State of Tasmania. This Act is designed to protect and manage historic shipwrecks within the proclaimed area, ensuring their preservation and regulating activities related to these significant maritime heritage sites. The Act applies to any person or entity involved in activities concerning historic shipwrecks, including salvage operations, archaeological investigations, and any form of interference with these underwater cultural heritage sites. The jurisdictional reach of this Act is limited to the waters adjacent to Tasmania, thereby focusing its application within a specific geographic area. There are no stated exclusions or exemptions within the proclamation itself, but the Act may be further defined or expanded through subordinate instruments or regulations that specify particular conditions or exceptions in relation to historic shipwrecks in the designated area.

Key Provisions

The proclamation F2009B00095 extends the application of the Historic Shipwrecks Act 1976 (the "Act") to the waters adjacent to the coast of the State of Tasmania. Section 2(1) of the Act is invoked by this proclamation to ensure that the legislative provisions governing historic shipwrecks are applicable in this specific maritime area. This inclusion is significant as it allows for the protection and management of historic shipwrecks found within these waters, ensuring they are preserved for their historical and cultural value. Under this Act, as it applies to Tasmanian waters, certain obligations and requirements are imposed on individuals and entities. For example, Section 3 of the Act mandates that any person who discovers a historic shipwreck in these waters must report the find to the relevant authorities. Furthermore, Section 5 of the Act stipulates that any work, such as salvage or excavation, on a historic shipwreck site must be authorised by the Minister. This authorisation process ensures that all activities are conducted in a manner that respects and protects the heritage value of the shipwreck. Breaching the provisions of the Act can lead to significant consequences. Section 13 of the Act outlines that any person who fails to comply with the reporting requirements or who conducts unauthorised work on a historic shipwreck site may be subject to penalties. For instance, Section 14 specifies that individuals found guilty of contravening the Act can be fined up to $50,000 or, in the case of a corporation, up to $250,000. Additionally, Section 15 empowers the court to order the confiscation of any equipment used in the unauthorised activity, further emphasising the seriousness of non-compliance with the Act’s provisions. These penalties serve as a deterrent against unauthorised activities that could potentially damage or destroy valuable historic shipwrecks.