Underwater Cultural Heritage Commencement Proclamation 2019

Overview

The Underwater Cultural Heritage Act 2018 was enacted to address the need for the protection and management of underwater cultural heritage within Australian waters. This Act was introduced to provide a legal framework to safeguard Australia's underwater cultural heritage from activities that could lead to its destruction, loss or damage. The policy objective of this legislation is to ensure the preservation of underwater cultural heritage for present and future generations while promoting public access and education. The Act was proclaimed into effect on 1 July 2019, by the Honourable Sir Peter Cosgrove, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council under item 1 of the table in subsection 2(1) of the Act. The Minister for the Environment, Melissa Price, played a key role in the development and implementation of this legislation.

Scope and Application

The Underwater Cultural Heritage Act 2018 applies to all persons and entities involved in activities that may affect underwater cultural heritage within Australian waters, including state and territory waters. This encompasses a broad range of conduct, including the exploration, excavation, and salvage of underwater cultural heritage, as well as the commercial exploitation and trade of such heritage. The Act extends its jurisdictional reach to the entirety of Australian waters, ensuring comprehensive protection and regulation of underwater cultural heritage across the Commonwealth, states, and territories. Notably, the Act includes provisions for exclusions and exemptions, such as for activities conducted by the Australian Defence Force in the course of military operations or for research activities undertaken with appropriate permits. The application of the Act can be further refined through subordinate instruments, which may specify additional details or conditions for particular activities or locations. This legislative framework is designed to safeguard Australia’s underwater cultural heritage, ensuring its preservation and sustainable management for future generations.

Key Provisions

The Underwater Cultural Heritage Act 2018, which came into effect on 1 July 2019, establishes the framework for the protection and management of underwater cultural heritage in Australia. Key sections of this legislation include Section 12, which defines "underwater cultural heritage" as objects of historical, archaeological, or cultural significance that have been submerged for at least 50 years, and Section 14, which designates certain areas as protected zones where special measures must be applied to safeguard the underwater cultural heritage. Section 22 outlines the procedures for issuing permits to engage in activities that may affect underwater cultural heritage, while Section 25 details the requirements for reporting discoveries of underwater cultural heritage to the relevant authorities. The Act imposes several obligations on parties or entities it governs. For instance, under Section 18, any person involved in activities that may impact underwater cultural heritage must obtain a permit from the Minister. This includes activities such as diving, fishing, and marine construction. Section 25 mandates that any discovery of underwater cultural heritage must be reported to the Minister, with the aim of ensuring that such discoveries are properly documented and protected. Furthermore, Section 20 requires that holders of permits adhere to specific guidelines and conditions set out in their permits, designed to minimise potential damage to underwater cultural heritage sites. The legislation also outlines various offences and penalties for non-compliance. Under Section 45, any person who engages in activities that may affect underwater cultural heritage without a permit commits an offence. The penalty for this offence is a fine of up to $22,200 for an individual or $111,000 for a corporation, as stipulated in Section 48. Additionally, Section 47 imposes a penalty of up to $11,100 for any person who fails to report the discovery of underwater cultural heritage. These penalties are designed to enforce compliance with the Act's provisions and to deter activities that may harm underwater cultural heritage. The maximum penalties serve as a deterrent, ensuring that those who fail to comply with the legislation face significant consequences.