PROTECTION OF MOVABLE CULTURAL HERITAGE REGULATIONS 1988
Regulations No. 3 of 1988
I, William McFadyen Campbell, Deputy Administrator of Norfolk Island, acting in accordance with the advice of the Executive Council of Norfolk Island, hereby make the following Regulations under the Protection of Movable Cultural Heritage Act 1987.
Dated this eighteenth day of May 1988
W. McF. Campbell
Deputy Administrator
By His Honour’s Command
G.J. Bennett
Minister for Commerce and Health
Short title
1. These Regulations may be cited as the Protection of Movable Cultural Heritage Regulations 1988.
Interpretation
2. (1) In these Regulations, unless the contrary intention appears, “Act” means the Protection of Movable Cultural Heritage Act 1987.
(2) For the purposes of these Regulations, unless the contrary intention appears, words, expressions and provisions contained in these Regulations have the same interpretation, application and effect as they have under the Act.
Prescribed categories
3. For the purposes of paragraph 5(1)(i) of the Act, the following categories are prescribed —
(a) archaeological objects not of Norfolk Island origin;
(b) natural science objects;
(c) numismatic objects;
(d) social history objects; and
(e) philatelic objects.
Norfolk Island Cultural Heritage Control List
4. (1) For the purposes of subsection 15(1) of the Act, the list of categories of objects that constitute the movable cultural heritage of Norfolk Island and are subject to export control is the list set out in column 2 of the Schedule.
(2) For the purposes of subsection 15(2) of the Act, a category of objects listed in column 2 of the Schedule is of the class specified in column 3 of the Schedule opposite to the category.
SCHEDULE Regulation 4
NORFOLK ISLAND CULTURAL HERITAGE CONTROL LIST
Column 1 Item | Column 2 Category of objects | Column 3 Class of objects |
1 | Objects recovered from the wreck in 1790 at Pitcairn Island of HM Armed Vessel Bounty | A |
2 | Objects landed in Norfolk Island on 8 June 1856 and brought from Pitcairn Island on the vessel Morayshire | A |
3 | Objects recovered from or located in the Kingston – Arthur’s Vale Historic Area and relating to convicts, free settlers, military or naval personnel associated with the penal settlement of Norfolk Island before 8 June 1856 | B |
4 | Objects recovered from ships wrecked before 1 January 1938 in territorial waters within the meaning of the Territorial Waters Act 1926 | B |
Notified Gazette No. 25, 26 May 1988.
Commenced on notification (26 May 1988).
Printed on the authority of the Administrator.
© Norfolk Island Government 2004
The Copyright Act 1968 of the Commonwealth of Australia permits certain reproduction and publication of this legislation. For reproduction or publication beyond that permitted by the Act, written permission must be sought from the Legislative Counsel, Administration of Norfolk Island, Norfolk Island, South Pacific 2899.
Overview
The Protection of Movable Cultural Heritage Regulations 1988 were enacted to provide further detail and implementation of the Protection of Movable Cultural Heritage Act 1987. This legislation was introduced to address the need for safeguarding Norfolk Island's movable cultural heritage, particularly objects that are of historical and cultural significance to the island. The regulations were made by the Deputy Administrator of Norfolk Island, William McFadyen Campbell, acting in accordance with the advice of the Executive Council of Norfolk Island. These regulations aim to specify categories of objects that are subject to export control and to establish the Norfolk Island Cultural Heritage Control List, ensuring the protection and preservation of Norfolk Island's unique cultural artefacts. The regulations commenced on notification on 26 May 1988, and they are designed to work in conjunction with the overarching Act to protect and manage Norfolk Island's movable cultural heritage effectively.
Scope and Application
The Protection of Movable Cultural Heritage Regulations 1988, made under the Protection of Movable Cultural Heritage Act 1987, apply to the Norfolk Island territory and focus on the regulation and protection of movable cultural heritage items. These regulations specifically address the export control of certain categories of objects deemed to be part of Norfolk Island's movable cultural heritage. The prescribed categories include archaeological objects not of Norfolk Island origin, natural science objects, numismatic objects, social history objects, and philatelic objects. The regulations define these categories and outline a Norfolk Island Cultural Heritage Control List which includes specific items such as objects from the wreck of the Bounty and items associated with the penal settlement of Norfolk Island. These regulations are intended to control and regulate the export of these cultural heritage items to ensure their preservation and protection within Norfolk Island. The geographic reach of these regulations is limited to Norfolk Island, and they do not extend to other territories or states within Australia.
Key Provisions
The main operative sections of the Protection of Movable Cultural Heritage Regulations 1988 (Regulations No. 3 of 1988) establish the scope and application of the legislation. Section 1 allows the Regulations to be cited as the Protection of Movable Cultural Heritage Regulations 1988. Section 2 clarifies that terms used in the Regulations have the same interpretation as those in the Protection of Movable Cultural Heritage Act 1987 (Act), unless specified otherwise. Section 3 prescribes categories of objects such as archaeological, natural science, numismatic, social history, and philatelic objects for the purposes of paragraph 5(1)(i) of the Act. Section 4 defines the Norfolk Island Cultural Heritage Control List, specifying categories of objects subject to export control as listed in the Schedule, with each category also classified according to the class of objects it represents.
The Regulations impose specific obligations and requirements on parties and entities governed by them. Section 2 ensures that the interpretation of the Regulations aligns with the Act, providing clarity and consistency in legal application. Section 3’s prescribed categories help identify which objects are covered under the Act, facilitating the regulation of their export. Section 4, through the Norfolk Island Cultural Heritage Control List, establishes which categories of objects are considered part of Norfolk Island's movable cultural heritage and are subject to export control, thus preserving the island's historical and cultural integrity.
Breaches of the Regulations may result in various penalties and consequences. Under the Act, failure to comply with the Regulations, particularly regarding the unauthorised export of listed cultural heritage objects, may be subject to criminal or civil penalties. The specific offences, penalties, or consequences are not detailed in the Regulations themselves but are outlined in the Act, which may include fines and imprisonment for serious violations. The precise penalties would depend on the severity of the breach and the specific provisions of the Act.