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Underwater Cultural Heritage Act 2018
In force
Administered by
Department of Climate Change, Energy, the Environment and Water
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C2024C00456 (C02)
14 October 2024
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Part 1—Introduction
Division 1—Preliminary
1 Short title
2 Commencement
3 Objects of this Act
4 Simplified outline of this Act
5 Extension to external Territories
6 This Act binds the Crown
7 Extraterritorial operation of this Act
8 Geographical application of offences
Division 2—Definitions
9 Definitions
10 Meaning of associated with
11 Meaning of Australian waters
12 Meaning of coastal waters of a State or the Northern Territory
13 Meaning of Commonwealth waters
14 Meaning of Dutch shipwreck
15 Meaning of underwater cultural heritage
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Part 2—Protected underwater cultural heritage
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Division 1—Underwater cultural heritage
16 Underwater cultural heritage that is automatically protected
17 Underwater cultural heritage that may be declared to be protected
18 Underwater cultural heritage outside Australian waters that may be declared to be protected
19 Underwater cultural heritage that may be provisionally declared to be protected
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Division 2—Protected zones
20 Declaring a protected zone
21 Varying and revoking protected zone declaration
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Division 3—Other matters
22 Criteria relating to heritage significance
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Part 3—Regulation of protected underwater cultural heritage
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Division 1—Permits relating to protected underwater cultural heritage
23 Permits relating to protected underwater cultural heritage
24 Permits are subject to conditions
25 Varying permits
26 Suspending and revoking permits
27 Transfer of permits
28 Breach of conditions of permit
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Division 2—Regulation of activities relating to protected underwater cultural heritage
29 Certain conduct within a protected zone prohibited without a permit
30 Conduct having an adverse impact on protected underwater cultural heritage prohibited without a permit
31 Possession etc. of protected underwater cultural heritage prohibited without a permit
32 Supplying, or offering to supply, protected underwater cultural heritage prohibited without a permit
33 Advertisements for sale of protected underwater cultural heritage must include permit number
34 Importing protected underwater cultural heritage prohibited without a permit
35 Exporting protected underwater cultural heritage prohibited without a permit
36 Importing underwater cultural heritage of a foreign country prohibited without a permit
37 Requirement to produce permits
38 Minister may ascertain location of protected underwater cultural heritage
39 Minister may give directions about custody etc. of protected underwater cultural heritage
40 Discovery of certain underwater cultural heritage must be notified
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Part 4—Compliance and enforcement
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Division 1—Regulatory powers
41 Monitoring powers
42 Investigation powers
43 Civil penalty provisions
44 Infringement notices
45 Enforceable undertakings
46 Injunctions
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Division 2—Forfeiture
47 Court may order forfeiture
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Part 5—Other matters
48 Register of underwater cultural heritage
49 Review of decisions
50 Declaration of ownership of specified Dutch shipwrecks and associated articles
51 Declaration of ownership of other underwater cultural heritage
52 Ownership of, and sovereignty in, remains of Australian defence vessels etc.
53 Compensation for acquisition of property
54 Certificate by Minister to be evidence
55 Contravening offence or civil penalty provisions
56 Delegation of Minister’s powers
57 Delegation of Secretary’s powers
58 Approved forms
59 Arrangements for States and the Northern Territory to carry out certain functions
60 Appointment of inspectors
61 Underwater Cultural Heritage Rules
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history