Statutory Rules 1983 No. 241

Historic Shipwrecks Regulations2 (Amendment)

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Historic Shipwrecks Act 1976.

Dated 23 February 1983.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

Minister of State for Home Affairs and Environment

Interpretation

1. Regulation 2 of the Historic Shipwrecks Regulations is amended by adding at the end thereof the following definition:

“‘Yongala protected zone’ means the protected zone in respect of which a notice under sub-section 7 (1) of the Act was published in the Gazette on 14 January 1983, being the protected zone within which the historic shipwreck ‘Yongala’ is situated.”.

Prohibition of certain activities in protected zones generally

2. Regulation 4 of the Historic Shipwrecks Regulations is amended—

(a) by omitting from sub-regulation (1) “for the purposes of section 14 of the Act, a person” and substituting “A person”; and

(b) by inserting after sub-regulation (1) the following sub-regulation:

“(1A) Nothing in sub-regulation (1) applies to or in relation to the Yongala protected zone.”.

S.R. 12/83 Cat. No. Recommended retail price 20c 10/1.1.1983

3. After regulation 4 of the Historic Shipwrecks Regulations the following regulations are inserted:

Prohibition of certain activities in Yongala protected zone

“4AA. (1) During a period other than a prescribed period, a person shall not—

(a) in relation to the Yongala protected zone, do any of the acts specified in paragraph 4 (1) (a), (b) or (c);

(b) trawl within the Yongala protected zone;

(c) use a ship within the Yongala protected zone for the purpose of fishing;

(d) take fish or any other form of marine life while diving within the Yongala protected zone; or

(e) moor a ship within the Yongala protected zone in such a manner that damage is likely to be caused to the historic shipwreck Yongala,

except in accordance with a permit granted under sub-section 15 (1) of the Act.

“(2) During a prescribed period a person shall not, in relation to the Yongala protected zone, do any of the acts specified in paragraph 4 (1) (a), (b), (c), (d) or (e).

“(3) A person who, without reasonable excuse, contravenes this regulation is guilty of an offence and is punishable, upon conviction, by a fine not exceeding $1,000 or imprisonment for 1 year, or both.

Prescribed period

“4ab. (1) The Minister may, by notice published in the Gazette, declare a period, not exceeding 2 years, to be a prescribed period for the purposes of regulation 4AA.

“(2) Where a notice under sub-regulation (1) is published in the Gazette, the Minister shall cause a copy of the notice to be published—

(a) in a newspaper circulating in the State of Queensland; and

(b) in a newspaper that is a local paper in Townsville.”.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 28 February 1983.

2. Statutory Rules 1978 No. 93, as amended by 1979 No. 124; 1980 No. 391.

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