Proclamation - Historic Shipwrecks Act 1976 - Western Australia

Overview

The Historic Shipwrecks Act 1976 was enacted to address the issue of protecting Australia's historic shipwrecks, ensuring their preservation for future generations and recognising their cultural significance. This legislation was introduced by the Commonwealth Parliament to establish a legal framework for the protection of shipwrecks of historical importance, aiming to prevent their destruction, disturbance, or removal without proper authorisation. The Act was initially designed to apply to Commonwealth waters; however, it required a separate proclamation for each state to extend its application to state waters. In response to this need, the proclamation referenced here was issued by Sir John Robert Kerr, the Governor-General of the Commonwealth of Australia, on 3 September 1977, declaring that the Historic Shipwrecks Act 1976 would apply to waters adjacent to the coast of Western Australia. This action was taken to ensure the uniform application of the Act across all Australian jurisdictions, thereby fulfilling the policy objective of comprehensive protection of historic shipwrecks.

Scope and Application

The Historic Shipwrecks Act 1976, which applies to historic shipwrecks within Australian waters, now extends to include the waters adjacent to the coast of the State of Western Australia, as proclaimed by the Governor-General on 3 September 1977. The Act applies to all shipwrecks that meet the criteria of being of historic significance, as defined within the legislation, and encompasses both the physical wrecks and any associated artefacts. This extension ensures that the protection and management of historically significant shipwrecks in Western Australian waters are aligned with the national framework provided by the Act. The jurisdictional reach of the Act is thus expanded to cover state waters, thereby ensuring comprehensive national coverage and consistent application across all Australian states and territories. The Act does not specify any exclusions or exemptions, applying uniformly to all qualifying historic shipwrecks within its purview, and any further details or specific applications are addressed through subordinate instruments as necessary.

Key Provisions

The Historic Shipwrecks Act 1976, as declared applicable to the waters adjacent to the coast of Western Australia, establishes a framework for the protection of shipwrecks that are considered to have historical significance. Section 3 of the Act defines "historic shipwreck" and specifies that these are shipwrecks that have been submerged for more than 75 years and are of significant historical, archaeological, or cultural value. Section 4 then outlines the parameters for the protection of these shipwrecks, which includes prohibiting unauthorised interference with the shipwrecks or their contents. The Act imposes several obligations on the parties and entities it governs. Firstly, under Section 6, any person who intends to engage in activities that may affect a historic shipwreck must notify the relevant Minister. This notification requirement ensures that any potential disturbances to a shipwreck site are assessed for their impact on the historical integrity of the site. Section 7 goes further by requiring that any work that may disturb a historic shipwreck must be authorised by the Minister, ensuring that only approved activities proceed and that they are carried out in a manner that preserves the site. Breach of the Act's provisions can lead to both civil and criminal consequences. Section 15 outlines that any person who contravenes the Act, such as by disturbing a protected shipwreck without authorisation, commits an offence. The Act does not explicitly state the maximum penalty for such offences, but it can be inferred that penalties would be commensurate with the severity of the breach and could include fines or imprisonment as provided under the general provisions of the Crimes Act 1914. Additionally, Section 16 of the Act allows for the recovery of damages for any harm caused to a historic shipwreck, providing a civil remedy for breaches that result in damage to the protected sites.