{"id":"sr:heritage-underwater-cultural-heritage-regulations-2017","name":"Heritage (Underwater Cultural Heritage) Regulations 2017","slug":"heritage-underwater-cultural-heritage-regulations-2017","collection":"regulation","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":183669,"registerId":"vic-sr:heritage-underwater-cultural-heritage-regulations-2017-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Heritage (Underwater Cultural Heritage) Regulations 2017","content":"Version No. 001\n\n**Heritage (Underwater Cultural Heritage) Regulations 2017**\n\n**S.R. No. 109/2017**\n\nVersion as at  \n1 November 2017\n\n**TABLE OF PROVISIONS**\n\n*Regulation Page*\n\n1 Objectives 1\n\n2 Authorising provisions 2\n\n3 Commencement 2\n\n4 Definitions 2\n\n5 Form of application for permit for exploration or recovery of registered shipwrecks, historic shipwrecks, registered shipwreck artefacts or historic shipwreck artefacts and in relation to protected zones 2\n\n6 Form of application for permit for the use of registered shipwrecks or registered shipwreck artefacts 2\n\n7 Form for notification of discovery of shipwrecks or shipwreck artefacts 3\n\n8 Activities prohibited within protected zones—entry 3\n\n9 Activities prohibited within protected zones—mooring 3\n\n10 Activities prohibited within protected zones—trawling, fishing or diving 3\n\n11 Activities prohibited within protected zones—use of equipment constructed for the purpose of diving, salvage or recovery operations 3\n\n12 Activities prohibited within protected zones—use of equipment adapted for the purpose of diving, salvage or recovery operations 4\n\n13 Activities prohibited within protected zones—use of equipment, instruments or tools constructed for the purposes of cultivating, mining, quarrying, dredging or excavating land 4\n\n14 Activities prohibited within protected zones—use of equipment, instruments or tools adapted for the purposes of cultivating, mining, quarrying, dredging or excavating land 4\n\n15 Activities prohibited within protected zones—entry of ship or other vehicle carrying any equipment, explosives, instruments or tools 5\n\n16 Activities prohibited within protected zones—cultivating, mining, quarrying, dredging or excavating 5\n\n17 Activities prohibited near registered shipwrecks, historic shipwrecks, registered shipwreck artefacts or historic shipwreck artefacts or in any protected zone 5\n\n18 Fees for permit applications 6\n\n19 Exemption from fees 8\n\n20 Waiver of a fee for a permit 8\n\n21 Infringement offences 9\n\n22 Infringement penalties 9\n\nSchedule 1—Form for exploration or recovery of registered shipwrecks, historic shipwrecks, registered shipwreck artefacts or historic shipwreck artefacts and in relation to protected zones 11\n\nSchedule 2—Form for the use of registered shipwrecks or registered shipwreck artefacts 14\n\nSchedule 3—Form for the notification of discovery of shipwrecks or shipwreck artefacts 16\n\n═════════════\n\nEndnotes 20\n\n1 General information 20\n\n2 Table of Amendments 22\n\n3 Amendments Not in Operation 23\n\n4 Explanatory details 24\n\n**Version No.** **001**\n\n**Heritage (Underwater Cultural Heritage) Regulations 2017**\n\n**S.R. No. 109/2017**\n\nVersion as at  \n1 November 2017\n\n\t1 Objectives\n\nThe objectives of these Regulations are—\n\n(a) to prescribe activities which are prohibited in, on or near a protected zone; and\n\n(b) to prescribe activities which are prohibited in, on or near a registered shipwreck, historic shipwreck, registered shipwreck artefact or historic shipwreck artefact; and\n\n(c) to prescribe forms and documents for the purposes of the **Heritage Act 2017**; and\n\n(d) to prescribe fees payable in relation to permit applications under sections 77 and 78 of the Act; and\n\n(e) to exempt particular classes of people from certain fees relating to permits; and\n\n(f) to authorise the Heritage Council to waive certain fees prescribed by these Regulations; and\n\n(g) to prescribe infringement offences and infringement penalties; and\n\n(h) to prescribe penalties for undertaking activities prohibited by these Regulations; and\n\n(i) to prescribe other matters for the purposes of the Act.\n\n\t2 Authorising provisions\n\nThese Regulations are made under sections 255 and 256 of the **Heritage Act 2017**.\n\n\t3 Commencement\n\nThese Regulations come into operation on 1 November 2017.\n\n\t4 Definitions\n\nIn these Regulations—\n\n***community group*** means a not-for-profit society, association or club (other than a charity)—\n\n(a) established for the purpose of educating the community about, or to protect, a place or object; and\n\n(b) whose officers receive no remuneration or gratuity for their services to the society, association or club;\n\n***the Act*** means the **Heritage Act 2017**.\n\n\t5 Form of application for permit for exploration or recovery of registered shipwrecks, historic shipwrecks, registered shipwreck artefacts or historic shipwreck artefacts and in relation to protected zones\n\nFor the purposes of section 77(2) of the Act, the prescribed form is the form set out in Schedule 1.\n\n\t6 Form of application for permit for the use of registered shipwrecks or registered shipwreck artefacts\n\nFor the purposes of section 78(4) of the Act, the prescribed form is the form set out in Schedule 2.\n\n\t7 Form for notification of discovery of shipwrecks or shipwreck artefacts\n\nFor the purposes of section 80(2) of the Act, the prescribed form and prescribed details are the form and details set out in Schedule 3.\n\n\t8 Activities prohibited within protected zones—entry\n\nA person must not, except in accordance with a permit granted under section 77 or 78 of the Act, enter a protected zone.\n\nPenalty: 50 penalty units.\n\n\t9 Activities prohibited within protected zones—mooring\n\nA person must not, except in accordance with a permit granted under section 77 or 78 of the Act, moor, park or use a ship or other vehicle within a protected zone.\n\nPenalty: 50 penalty units.\n\n\t10 Activities prohibited within protected zones—trawling, fishing or diving\n\nA person must not, except in accordance with a permit granted under section 77 or 78 of the Act, trawl, fish or dive or undertake any other underwater activity within a protected zone.\n\nPenalty: 50 penalty units.\n\n\t11 Activities prohibited within protected zones—use of equipment constructed for the purpose of diving, salvage or recovery operations\n\nA person must not, except in accordance with a permit granted under section 77 or 78 of the Act, bring into or use within any protected zone equipment constructed for the purpose of diving,  \n\n\nsalvage or recovery operations, whether on land or on or under water.\n\nPenalty: 50 penalty units.\n\n\t12 Activities prohibited within protected zones—use of equipment adapted for the purpose of diving, salvage or recovery operations\n\nA person must not, except in accordance with a permit granted under section 77 or 78 of the Act, bring into or use within any protected zone equipment adapted for the purpose of diving, salvage or recovery operations, whether on land or on or under water.\n\nPenalty: 50 penalty units.\n\n\t13 Activities prohibited within protected zones—use of equipment, instruments or tools constructed for the purposes of cultivating, mining, quarrying, dredging or excavating land\n\nA person must not, except in accordance with a permit granted under section 77 or 78 of the Act, bring into or use within any protected zone any explosives, or any equipment, instruments or tools constructed for the purposes of cultivating, mining, quarrying, dredging or excavating land including land covered by water.\n\nPenalty: 50 penalty units.\n\n\t14 Activities prohibited within protected zones—use of equipment, instruments or tools adapted for the purposes of cultivating, mining, quarrying, dredging or excavating land\n\nA person must not, except in accordance with a permit granted under section 77 or 78 of the Act, bring into or use within any protected zone any explosives, or any equipment, instruments or tools adapted for the purposes of cultivating, mining, quarrying, dredging or excavating land including land covered by water.\n\nPenalty: 50 penalty units.\n\n\t15 Activities prohibited within protected zones—entry of ship or other vehicle carrying any equipment, explosives, instruments or tools\n\nA person must not, except in accordance with a permit granted under section 77 or 78 of the Act, cause a ship or other vehicle carrying any equipment, explosives, instruments or tools specified in regulation 11, 12, 13 or 14 to enter or remain within any protected zone.\n\nPenalty: 50 penalty units.\n\n\t16 Activities prohibited within protected zones—cultivating, mining, quarrying, dredging or excavating\n\nA person must not, except in accordance with a permit granted under section 77 or 78 of the Act, cultivate, mine, quarry, dredge or excavate or carry out any other activity on or below land within a protected zone.\n\nPenalty: 50 penalty units.\n\n\t17 Activities prohibited near registered shipwrecks, historic shipwrecks, registered shipwreck artefacts or historic shipwreck artefacts or in any protected zone\n\nA person must not, without authority, move, remove, damage, alter or otherwise interfere with any plinth, mooring, buoy, pile or other marker or any notice or sign, or any equipment or material lawfully placed or situated in or within 100 metres of any registered shipwreck, historic shipwreck, registered shipwreck artefact or historic shipwreck artefact or in any protected zone.\n\nPenalty: 50 penalty units.\n\n\t18 Fees for permit applications\n\n(1) Subject to regulations 19 and 20, for the purposes of section 77(2) of the Act, the prescribed fees are as follows—\n\n(a) for an application to enter a protected zone to conduct any form of recreational diving or snorkelling—1 fee unit per diver or snorkeller;\n\n(b) for an application to conduct any form of recreational diving or snorkelling that requires the use of moorings within that protected zone—2 fee units per diver or snorkeller;\n\n(c) for an application to possess, dispose of, or remove from Victoria any registered shipwreck, historic shipwreck, registered shipwreck artefact or historic shipwreck artefact—15 fee units.\n\n(2) Subject to regulation 20, for the purposes of sections 77(2) and 78(4) of the Act, the prescribed fees are as follows—\n\n(a) for an application to possess or use equipment, instruments or explosives of a kind referred to in section 76 of the Act in a protected zone—66·1 fee units;\n\n(b) for an application to take, destroy, damage, remove, disturb or otherwise interfere with less than 50 per cent of any registered shipwreck, historic shipwreck, registered shipwreck artefact or historic shipwreck artefact—66·1 fee units;\n\n(c) for an application to take, destroy, damage, remove, disturb or otherwise interfere with 50 per cent or more of any registered shipwreck, historic shipwreck, registered shipwreck artefact or historic shipwreck artefact—66·1 fee units;\n\n(d) for an application for the use of a registered shipwreck, historic shipwreck, registered shipwreck artefact or historic shipwreck artefact—8 fee units;\n\n(e) for an application to undertake any other activity on or below land within a protected zone, or any other underwater activity in a protected zone—100 fee units;\n\n(f) for an application to enter a protected zone for any other purpose that requires the use of moorings within that protected zone—66·1 fee units;\n\n(g) for an application to enter a protected zone for any other purpose—66·1 fee units.\n\n(3) For the purposes of sections 77(2) and 78(4) of the Act, the prescribed fees are as follows—\n\n(a) for an application to enter a protected zone with or without the use of moorings in that protected zone—\n\n(i) one time during a specified period; and\n\n(ii) to conduct any form of recreational diving or snorkelling; and\n\n(iii) with a maximum of 10 divers or snorkellers plus any non-diving boat crew members at any one time—8 fee units;\n\n(b) for an application to enter a protected zone with or without the use of moorings in that protected zone—\n\n(i) up to a maximum of 5 times during a period not exceeding 12 months; and\n\n(ii) to conduct any form of recreational diving or snorkelling; and\n\n(iii) with a maximum of 12 divers or snorkellers plus any non-diving boat crew members at any one time—40 fee units.\n\n(4) An applicant for a permit under section 77(1) or 78(4) of the Act who has paid the fee prescribed in regulation 18(3)(a) or (b) is not required to pay the fee prescribed in regulation 18(1)(a) or (b).\n\n\t19 Exemption from fees\n\nA person who is an eligible beneficiary within the meaning of the **State Concessions Act 2004** is exempt from paying the following fees—\n\n(a) a fee for the grant of a permit under section 77 of the Act for the use of a registered shipwreck artefact or a historic shipwreck artefact situated in, on or below land that the person owns and which is the person's principal place of residence;\n\n(b) the fee referred to in regulation 18(1)(a) for the grant of a permit under section 77 of the Act to enter a protected zone to conduct any form of recreational diving or snorkelling;\n\n(c) the fee referred to in regulation 18(1)(b) for the grant of a permit under section 77 of the Act to enter a protected zone to conduct any form of recreational diving or snorkelling that requires the use of moorings.\n\n\t20 Waiver of a fee for a permit\n\nThe Heritage Council may waive the fees prescribed in respect of sections 77 and 78 of the Act if the Heritage Council is satisfied that the act or thing to which the permit application relates—\n\n(a) is for the purposes of the conservation or research of a registered shipwreck, historic shipwreck, registered shipwreck artefact or historic shipwreck artefact; or\n\n(b) is to educate the public as to the cultural heritage significance of a registered shipwreck, historic shipwreck, registered shipwreck artefact or historic shipwreck artefact; or\n\n(c) is for the safety of the public; or\n\n(d) is the same, or primarily the same, as the act or thing for which a permit has been issued to the applicant in relation to a registered shipwreck, historic shipwreck, registered shipwreck artefact or historic shipwreck artefact; or\n\n(e) is in respect of a permit application from a community group.\n\n\t21 Infringement offences\n\nFor the purposes of Division 4 of Part 10 of the Act, the following offences against the Regulations are prescribed to be infringement offences—\n\n(a) an offence against regulation 8;\n\n(b) an offence against regulation 9;\n\n(c) an offence against regulation 10;\n\n(d) an offence against regulation 11;\n\n(e) an offence against regulation 13.\n\n\t22 Infringement penalties\n\nFor the purposes of Division 4 of Part 10 of the Act, the prescribed infringement penalties for an infringement offence referred to in regulation 21 are as follows—\n\n(a) for an offence against regulation 8 or 9—3 penalty units;\n\n(b) for an offence against regulation 10—6 penalty units;\n\n(c) for an offence against regulation 11 or 13—10 penalty units.\n\nSchedule 1—Form for exploration or recovery of registered shipwrecks, historic shipwrecks, registered shipwreck artefacts or historic shipwreck artefacts and in relation to protected zones\n\nRegulation 5\n\n1. Applicant details\n\nTitle:\n\nFirst name:\n\nSurname:\n\nAddress:\n\nEmail address:\n\nTelephone:\n\nIs this application on behalf of a company or organisation? *Yes/*No\n\nWhat is its name?\n\nWhat is your position title?\n\n2. Details of registered shipwreck, historic shipwreck, registered shipwreck artefact or historic shipwreck artefact\n\nName of shipwreck or artefact:\n\nLocation (if known):\n\nVictorian Heritage Register number (if known):\n\nDescription of shipwreck or artefact:\n\n3. Details of vessel(s) involved with the activity\n\nVessel name(s):\n\nRegistration number(s):\n\nVessel contact details (phone, radio call sign and frequency):\n\nName(s) of boat operator:\n\n4. Permit type\n\n*Tick boxes as applicable:*\n\n□ To enter a protected zone and undertake recreational diving or snorkelling.\n\n□ To enter a protected zone and undertake recreational diving or snorkelling and require the use of moorings.\n\n□ For commercial operator to enter a protected zone and undertake recreational diving or snorkelling on one occasion.\n\n□ For commercial operator to enter a protected zone and undertake recreational diving or snorkelling on up to a maximum of 5 occasions.\n\n□ To enter a protected zone for other purposes.\n\n□ To enter a protected zone for other purposes and require the use of moorings.\n\n□ To recover registered shipwreck artefacts or historic shipwreck artefacts.\n\n□ To disturb a registered shipwreck, historic shipwreck, registered shipwreck artefact or historic shipwreck artefact.\n\n□ Other [*please state*]:\n\n5. Details of the activities to be undertaken\n\nSummary of activity:\n\nProposed date(s) of activity:\n\nNames of divers:\n\n6. Permit fee\n\nFee to be paid:\n\nNote: If these activities are being undertaken by a community group or for conservation, educational research or public safety, it may be possible to apply for a waiver of the permit fee. Please consult Heritage Victoria in relation to your application.\n\nNote: If this application relates to a registered place of which you are the owner and which is your principal place of residence, or to a registered object which you own, and you hold one of the following cards or have been declared a class or classes of eligible person by Order published under the **State Concessions Act 2004** in the Government Gazette, you are exempt from paying this fee. Please provide copies of the relevant card and either your driver's licence or a current rates notice for your principal place of residence to confirm your eligibility:\n\n- Health care card issued under section 1061ZS of the Social Security Act 1991 of the Commonwealth other than in respect of a child in foster care, or a child in respect of whom a carer allowance under section 953 of that Act is payable; or\n- Gold Card issued in respect of Part V of the Veterans' Entitlements Act 1986 of the Commonwealth other than a dependant (not including the widow or widower) of a veteran; or\n- Pensioner concession card issued under section 1061ZF of the Social Security Act 1991 of the Commonwealth.\n\n\n7. Payment options\n\n8. Applicant statement\n\nI state that the information I have given on this form is correct to the best of my knowledge.\n\nName:\n\nSignature:\n\nDate:\n\n*delete if not applicable\n\nSchedule 2—Form for the use of registered shipwrecks or registered shipwreck artefacts\n\nRegulation 6\n\n1. Applicant details\n\nTitle:\n\nFirst name:\n\nSurname:\n\nAddress:\n\nEmail address:\n\nTelephone:\n\nIs this application on behalf of a company or organisation? *Yes/*No\n\nWhat is its name?\n\nWhat is your position title?\n\n2. Details of registered shipwreck or registered shipwreck artefact\n\nName of shipwreck or artefact:\n\nLocation (if known):\n\nVictorian Heritage Register number (if known):\n\nDescription of shipwreck or artefact:\n\n3. Details of the activities to be undertaken\n\nPurpose of activity:\n\n□ Study\n\n□ Conservation\n\n□ Exhibition\n\n□ Other [*please state*]:\n\nProposed use:\n\nPreferred start date of permit:\n\nProposed end date of permit:\n\n4. Permit fee\n\nFee to be paid:\n\nNote: If these activities are being undertaken by a community group or for conservation, educational research or public safety, it may be possible to apply for a waiver of the permit fee. Please consult Heritage Victoria in relation to your application.\n\n5. Payment options\n\n6. Applicant statement\n\nI state that the information I have given on this form is correct to the best of my knowledge.\n\nName:\n\nSignature:\n\nDate:\n\n*delete if not applicable\n\nSchedule 3—Form for the notification of discovery of shipwrecks or shipwreck artefacts\n\nRegulation 7\n\n1. Finder details\n\nTitle:\n\nFirst name:\n\nSurname:\n\nAddress:\n\nEmail address:\n\nTelephone:\n\n2. Find details\n\nDate of find:\n\nDates of any subsequent visits to the site:\n\nWill the finder(s) be available to accompany representatives of the Executive Director to the site? *Yes/*No\n\nWould the finder(s) be interested in being involved in research into or an archaeological survey of the site? *Yes/*No\n\nName of shipwreck (if known):\n\nDescription of shipwreck or artefact(s) found:\n\nDo you consider the shipwreck or artefact to be of historical significance? *Yes/*No\n\nCircumstances under which the shipwreck or artefact was found:\n\n□ Scuba diving\n\n□ Snorkelling\n\n□ Boating\n\n□ Hiking\n\n□ Other [*please state*]:\n\nAre photographs of the shipwreck or artefact available? *Yes [*please provide a copy*]/*No\n\nAre videos of the shipwreck or artefact available? *Yes [*please provide a copy*]/*No\n\n3. Location of find\n\nLocality:\n\nLatitude:\n\nLongitude:\n\nIf using GPS, GPS datum:\n\nNearest prominent landmark:\n\nTrue/compass bearings, sextant or visual bearings to prominent landmarks:\n\nIs the site above the high water mark? *Yes/*No\n\nIs the site dry or partly dry at low tide? *Yes/*No\n\nDistance from site to shore:\n\nHas a buoy, stake, cairn or other marker been placed on or near the site? *Yes/*No\n\nIs a depth sounder required? *Yes/*No\n\nOther comments on location of the shipwreck or artefact:\n\n4. Conditions at the site\n\nDepth of water in metres:\n\nType of bottom:\n\nVisibility:\n\nIs the site sheltered or exposed:\n\nDoes the site become covered by sand, and if so, when:\n\nIs the site much affected by surf, bottom surge or currents:\n\nOther comments on diving conditions:\n\n5. Description of shipwreck or artefact\n\nIs the shipwreck:\n\n□ Mostly buried\n\n□ Partly buried\n\n□ Fully exposed\n\nDoes the hull appear to be:\n\n□ Wood\n\n□ Iron\n\n□ Composite\n\nIs the hull:\n\n□ Mostly intact\n\n□ Partly intact\n\n□ Broken up\n\nIs the outline discernible:\n\n□ Hull\n\n□ Bow\n\n□ Stern\n\nEstimated total area of wreckage (in square metres):\n\nIf fastening bolts are noted, are they:\n\n□ Iron\n\n□ Copper\n\n□ Brass\n\nAre there signs of:\n\n□ Iron\n\n□ Copper\n\n□ Engine(s)\n\n□ Winch(es)\n\n□ Machinery\n\n□ Boiler(s)\n\n□ Anchor(s)\n\n□ Propeller(s)\n\n□ Mast(s)\n\n□ Chain\n\n□ Ceramics\n\n□ Glass\n\n□ Wire rope\n\n□ Fibre rope\n\n□ Coal\n\nBrief description of any of the above items which are present, or of any other materials (including small artefacts) found at the site:\n\nAny threats to the current condition of the shipwreck or artefact (e.g. looting, development, recreational activity):\n\nAttach a sketch map to aid staff in relocating the site.\n\n6. Finder statement\n\nI state that the information I have given on this form is correct to the best of my knowledge and state that I am reporting the finding of this shipwreck or artefact on behalf of myself or myself and other persons named in the section above.\n\nName:\n\nSignature:\n\nDate:\n\n*delete if not applicable\n\n═════════════\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.\n\nThe Heritage (Underwater Cultural Heritage) Regulations 2017, S.R. No. 109/2017 were made on 24 October 2017 by the Governor in Council under sections 255 and 256 of the **Heritage Act 2017**, No. 7/2017 and came into operation on 1 November 2017: regulation 3.\n\nThe Heritage (Underwater Cultural Heritage) Regulations 2017 will sunset 10 years after the day of making on 24 October 2027 (see section 5 of the **Subordinate Legislation Act 1994**).\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original regulation, rule or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in a Statutory Rule which is made on or after  \n1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nThis includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.  \nSee section 36(1A)(2A)(2B).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in a Statutory Rule which is made on or after  \n1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nSee section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after  \n1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThere are no amendments made to the Heritage (Underwater Cultural Heritage) Regulations 2017 by statutory rules, subordinate instruments and Acts.\n\n3 Amendments Not in Operation\n\nThere are no amendments which were Not in Operation at the date of this publication.\n\n4 Explanatory details\n\n**Fee Units**\n\nThese Regulations provide for fees by reference to fee units within the meaning of the **Monetary Units Act 2004**.\n\nThe amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units applicable by the value of a fee unit.\n\nThe value of a fee unit for the financial year commencing 1 July 2017 is $14.22. The amount of the calculated fee may be rounded to the nearest 10 cents.\n\nThe value of a fee unit for future financial years is to be fixed by the Treasurer under section 5 of the **Monetary Units Act 2004**. The value of a fee unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.\n\n**Penalty Units**\n\nThese Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the **Sentencing Act 1991**. The amount of the penalty is to be calculated, in accordance with section 7 of the **Monetary Units Act 2004**, by multiplying the number of penalty units applicable by the value of a penalty unit.\n\nThe value of a penalty unit for the financial year commencing 1 July 2017 is $158.57.\n\nThe amount of the calculated penalty may be rounded to the nearest dollar.\n\nThe value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the **Monetary Units Act 2004**. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulations remain tightly focused on their original purpose: operationalising the underwater cultural heritage provisions of the Heritage Act 2017. They prescribe forms, fees, prohibited activities, and enforcement mechanisms exactly as authorised by sections 255 and 256 of the parent Act. No scope creep is evident."},"complexity_factors":["Only 2 defined terms in the interpretation section ('community group' and 'the Act')","Straightforward structure with 22 regulations and 3 schedules containing forms","Minimal cross-referencing—primarily references to sections 77 and 78 of the parent Heritage Act 2017","Repetitive but clear prohibitions in regulations 8-17 (each covering a specific activity with identical penalty structure)","Fee calculation requires external reference to the Monetary Units Act 2004 to determine dollar values","Simple conditional logic for fee exemptions (regulation 19) and waivers (regulation 20) with clear eligibility criteria","No nested exceptions or complex definitional chains"],"plain_english_summary":"These regulations protect Victoria's underwater heritage—shipwrecks and artefacts lying beneath the state's waters. They create rules about who can enter protected zones around significant shipwrecks, what activities are banned (like fishing, diving, or using salvage equipment without permission), and how much it costs to get a permit. \n\n**Key things the rules do:**\n\n- **Ban certain activities** in protected zones unless you have a permit: entering the area, mooring boats, diving, fishing, trawling, using diving or salvage gear, and using excavation equipment.\n- **Protect markers and equipment** placed near shipwrecks—it's illegal to interfere with buoys, signs, or moorings within 100 metres of a protected wreck.\n- **Set fees** for permits, ranging from 1 fee unit (about $14) for recreational diving up to 100 fee units (about $1,400) for major commercial activities. Fee units are a system where the dollar amount changes yearly based on inflation.\n- **Provide exemptions** for concession card holders (pensioners, healthcare card holders, veterans) for recreational diving permits, and for people using artefacts on their own residential land.\n- **Allow fee waivers** for community groups, conservation work, research, public education, or public safety projects.\n- **Create infringement offences** with lower penalties for minor breaches (like entering a protected zone without a permit), so police can issue on-the-spot fines rather than taking people to court.\n- **Include standard forms** for applying to explore or recover shipwrecks, for using shipwreck artefacts, and for notifying authorities when someone discovers a new wreck.\n\n**Who this affects:** Recreational divers, commercial salvage operators, fishermen, boat owners, maritime archaeologists, and community heritage groups working with Victoria's underwater cultural heritage."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"These Regulations implement and detail the Heritage Act 2017 by prescribing prohibited activities, forms, fees, exemptions and penalties (reg 1; reg 2). They do not purport to expand the Act's substantive scope but operationalise permit procedures, fee mechanics and enforcement measures authorised by the Act."},"complexity_factors":["Multiple detailed prohibitions across protected zones and wrecks (regs 8–17) increase operational compliance requirements.","Tiered fee schedule with activity-specific rates and alternative bundled fees (reg 18(1)–(3)) creates payment complexity for applicants.","Exemptions and waiver powers: concession exemptions (reg 19) and discretionary Heritage Council fee waivers (reg 20) introduce conditional relief and administrative discretion.","Infringement framework splits offences and fines between regulation offences and infringement penalties (regs 21–22), requiring enforcement calibration.","Extensive prescribed information and evidence requirements in three schedules (Schedules 1–3) raise administrative and recordkeeping burdens for applicants and finders.","Cross-references to other statutes and variable monetary metrics (Monetary Units Act 2004 for fee units; Sentencing Act 1991 for penalty units; State Concessions Act 2004 for eligibility) add legal interdependence and calculation steps (Explanatory details).","Uniform penalty amounts tied to penalty-unit valuation (regs 8–17; Explanatory details) mean fluctuating monetary penalties year-to-year via Treasurer determinations.","Authorising link to primary Act and limited definitions (reg 2; reg 4) require users to consult the Heritage Act 2017 for substantive scope, increasing navigational complexity."],"plain_english_summary":"These Regulations set permit rules and prohibitions for underwater cultural heritage: they define activities banned in protected zones and near registered or historic shipwrecks, prescribe application forms, fees, exemptions and penalties, and establish infringement offences and penalties. \n\n**Who pays and who decides:** applicants pay permit fees (varied by activity); eligible concession-holders may be exempt (reg 19); the Heritage Council may waive fees (reg 20). Permits are required for diving, recovery, use or other activities; breaches attract penalty units and infringement fines (regs 8–18, 21–22)."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"Based on available information, the Regulations appear to implement the intended scope of the parent Heritage Act as it applies to underwater cultural heritage, without apparent expansion or contraction of that original intent. However, the severely incomplete source document prevents a confident assessment of whether any scope drift occurred through amendments."},"complexity_factors":["Operates as subordinate legislation (regulations) beneath a parent Act, requiring understanding of both instruments together","Involves intersecting Commonwealth and State/Territory heritage jurisdiction, which can be unclear to non-specialists","Technical definitions around what qualifies as 'underwater cultural heritage' require specialist knowledge","Permit and licensing frameworks typically involve multi-step procedural requirements","The source document provided was heavily fragmented and repetitive, making full analysis unreliable","International obligations (UNESCO Convention on Underwater Cultural Heritage) may inform interpretation","Enforcement and penalty provisions require cross-referencing the parent Act"],"plain_english_summary":"These Regulations set out the operational rules under the Heritage Act for protecting underwater cultural heritage — shipwrecks, submerged sites and artefacts — by governing access, permitted activities, reporting and permit procedures.  \n\nThey affect recreational divers, commercial salvors, researchers and government agencies; they matter because they help prevent damage, looting or unauthorised disturbance of Australia’s submerged heritage and impose compliance obligations and penalties for breaches."}},"importantCases":[],"_links":{"self":"/api/acts/heritage-underwater-cultural-heritage-regulations-2017","history":"/api/acts/heritage-underwater-cultural-heritage-regulations-2017/history","analysis":"/api/acts/heritage-underwater-cultural-heritage-regulations-2017/analysis","conflicts":"/api/acts/heritage-underwater-cultural-heritage-regulations-2017/conflicts","importantCases":"/api/acts/heritage-underwater-cultural-heritage-regulations-2017/important-cases","documents":"/api/acts/heritage-underwater-cultural-heritage-regulations-2017/documents"}}