Historic Shipwrecks Regulations 1978

Statutory Rules 1978 No. 93 as amended

made under the

Historic Shipwrecks Act 1976

This compilation was prepared on 21 February 2002
taking into account amendments up to SR 2002 No. 8

Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra

Contents

Page

 1 Name of Regulations [see Note 1] 

 2 Interpretation 

 3 Prescribed fee for the purposes of subsection 12 (3) of the Act             

 4 Prohibition of certain activities in protected zones generally 

 4A Prescribed amount for the purposes of subsection 18 (1) of the Act             

 5 Identity card 

Schedule Inspector’s Identity Card No. 

Notes 

1 Name of Regulations [see Note 1]

  These Regulations are the Historic Shipwrecks Regulations 1978.

2 Interpretation

  In these Regulations:

ship includes a hovercraft and any similar craft.

the Act means the Historic Shipwrecks Act 1976.

3 Prescribed fee for the purposes of subsection 12 (3) of the Act

  For the purposes of subsection 12 (3) of the Act, the prescribed fee, on payment of which a person is entitled to be furnished with a copy of, or of any part of, the Register, is 50 cents per page of the copy.

4 Prohibition of certain activities in protected zones generally

 (1) A person shall not do any of the following acts:

 (a) bring into a protected zone equipment constructed or adapted for diving, salvage or recovery operations, or any explosives, instruments or tools the use of which would be likely to cause damage to, or interference with, a historic shipwreck or a historic relic situated within that protected zone;

 (b) use within a protected zone any such equipment, explosives, instruments or tools;

 (c) cause a ship carrying any such equipment, explosives, instruments or tools to enter, or remain within, a protected zone;

 (d) trawl, or dive or engage in any other underwater activity, within a protected zone;

 (e) moor or use ships within a protected zone.

Penalty:   10 penalty units, or imprisonment for 1 year, or both.

 (2) However, it is a defence to a prosecution under subregulation (1) if the person:

 (a) is acting in accordance with a permit granted under subsection 15 (1) of the Act; or

 (b) has a reasonable excuse.

Note   A defendant bears an evidential burden in relation to the matters mentioned in subregulation (2) (see section 13.3 of the Criminal Code).

4A Prescribed amount for the purposes of subsection 18 (1) of the Act

  For the purposes of subsection 18 (1) of the Act the prescribed amount is $50,000.

5 Identity card

 (1) An identity card required by subsection 22 (2) of the Act to be issued to each inspector appointed under subsection 22 (1) of the Act shall be substantially in accordance with the form in the Schedule.

 (2) Each identity card issued under subsection 22 (2) shall be numbered consecutively.

 (3) The Minister shall cause a record to be kept of each identity card issued and of its number.

Schedule Inspector’s Identity Card No.

(regulation 5)

COMMONWEALTH OF AUSTRALIA

Historic Shipwrecks Act 1976

(subsection 22 (2))

INSPECTOR’S IDENTITY CARD No.

 The person whose name, address, photograph and signature appear below is an inspector for the purposes of the Historic Shipwrecks Act 1976.

Dated this day of  19       .

Minister of State for Home Affairs

Notes to the Historic Shipwrecks Regulations 1978

Note 1

The Historic Shipwrecks Regulations 1978 (in force under the Historic Shipwrecks Act 1976) as shown in this compilation comprise Statutory Rules 1978 No. 93 amended as indicated in the Tables below.

Table of Statutory Rules

Table of Amendments