{"id":"historic-shipwrecks-regulations-2017","name":"Historic Shipwrecks Regulations 2017","slug":"historic-shipwrecks-regulations-2017","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":235650,"registerId":"sa-historic-shipwrecks-regulations-2017-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Historic Shipwrecks Regulations 2017","content":"South Australia\nHistoric Shipwrecks Regulations 2017\nunder the Historic Shipwrecks Act 1981\n\nContents\n1\tShort title\n3\tInterpretation\n5\tCertain acts in protected zone prohibited without permit\n6\tApplications for warrants by telephone\nLegislative history\n\n1—Short title\nThese regulations may be cited as the Historic Shipwrecks Regulations 2017.\n3—Interpretation\nIn these regulations—\nAct means the Historic Shipwrecks Act 1981.\n5—Certain acts in protected zone prohibited without permit\n\t(1)\tA person must not, except in accordance with a permit granted by the Minister under section 15 of the Act—\n\t(a)\tbring into a protected zone—\n\t(i)\tequipment constructed or adapted for the purposes of diving, salvage or recovery operations; or\n\t(ii)\texplosives, instruments or tools,\nthe use of which would be likely to damage or interfere with a historic shipwreck or historic relic situated within the protected zone; or\n\t(b)\tuse any such equipment, explosives, instruments or tools within a protected zone; or\n\t(c)\tcause a vessel carrying such equipment, explosives, instruments or tools to enter, or remain within, a protected zone; or\n\t(d)\ttrawl, dive or engage in any other underwater activity within a protected zone; or\n\t(e)\tmoor or use a vessel within a protected zone.\nMaximum penalty: $10 000.\nExpiation fee: $750.\n\t(2)\tIf subregulation (1)(c) or (e) is contravened, the owner and operator of the vessel are each guilty of an offence.\nMaximum penalty: $10 000.\nExpiation fee: $750.\n\t(3)\tAn inspector may give an expiation notice for an alleged offence against this regulation.\n\t(4)\tIn this regulation—\noperator and owner, of a vessel, have the same respective meanings as in the Harbors and Navigation Act 1993.\n6—Applications for warrants by telephone\n\t(1)\tIf an application for the issue of a warrant under section 22 of the Act is made by telephone—\n\t(a)\tthe applicant must inform the judicial officer of the applicant's name and identify the position that the applicant holds for the purposes of the Act, and the judicial officer, on receiving that information, is entitled to assume, without further inquiry, that the applicant holds that position; and\n\t(b)\tthe applicant must inform the judicial officer of the purpose for which the warrant is required and the grounds on which it is sought; and\n\t(c)\tif it appears to the judicial officer from the information given by the applicant that there are proper grounds to issue a warrant, the judicial officer must inform the applicant of the facts that justify, in the judicial officer's opinion, the issue of the warrant, and must not proceed to issue the warrant unless the applicant undertakes to make an affidavit verifying those facts; and\n\t(d)\tif the applicant gives such an undertaking, the judicial officer may then make out and sign a warrant, noting on the warrant the facts that justify, in the judicial officer's opinion, the issue of the warrant; and\n\t(e)\tthe warrant is taken to have been issued, and comes into force, when signed by the judicial officer; and\n\t(f)\tthe judicial officer must inform the applicant of the terms of the warrant; and\n\t(g)\tthe applicant must, as soon as practicable after the issue of the warrant, forward to the judicial officer an affidavit verifying the facts referred to in paragraph (c).\n\t(2)\tIn this regulation—\njudicial officer means the magistrate or justice to whom application for the issue of a warrant is made.\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of these regulations (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nLegislation revoked by principal regulations\nThe Historic Shipwrecks Regulations 2017 revoked the following:\nHistoric Shipwrecks Regulations 2014\nPrincipal regulations and variations\nNew entries appear in bold.\nYear\nNo\nReference\nCommencement\n2017\n29\nGazette 5.4.2017 p1026 \n1.5.2017: r 2\n2017\n247\nGazette 15.8.2017 p3574\n15.8.2017: r 2\n2018\n198\nGazette 9.8.2018 p3048\n9.8.2018: r 2\n2019\n114\nGazette 13.6.2019 p1975\n1.7.2019: r 2\n2020\n196\nGazette 4.6.2020 p3069\n1.7.2020: r 2\nProvisions varied\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nr 2\nomitted under Legislation Revision and Publication Act 2002\n15.8.2017\nr 4\nvaried by 247/2017 r 4\n15.8.2017\n\nvaried by 198/2018 r 4\n9.8.2018\n\nvaried by 114/2019 r 4\n1.7.2019\n\ndeleted by 196/2020 r 4\n1.7.2020\nSch 1\nomitted under Legislation Revision and Publication Act 2002\n15.8.2017\nHistorical versions\n15.8.2017\n\n9.8.2018\n\n1.7.2019\n\n","sortOrder":0}],"analysis":{"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope assessment is impossible — the legislation content was not retrieved. The submitted text is entirely a website error page and navigation links from the South Australian legislation website, containing no substantive regulatory provisions."},"complexity_factors":["No actual legislative text was provided — the source document is a website 404 error page","Cannot assess true complexity without access to the regulations themselves","Score of 1 reflects the absence of any analysable legal content, not simplicity of the underlying law"],"plain_english_summary":"This entry is a 404 error — the actual Historic Shipwrecks Regulations 2017 text wasn’t retrieved. By title, the regulations would be subsidiary rules under South Australian historic shipwrecks law and likely set permit processes, fees, reporting duties, and penalties for disturbing protected wrecks.\n\nThey would affect recreational divers, marine archaeologists, salvage operators and researchers working near historic shipwrecks in South Australian waters. To review the actual instrument, consult legislation.sa.gov.au."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The 2017 regulations revoked the 2014 regulations and were subsequently varied (see Legislative history). Variations include omission of r 2 and Sch 1 and multiple amendments to r 4. The core prohibitions and penalty scheme in reg 5 are retained, while procedural and definitional provisions (notably telephone-warrant formalities in reg 6 and cross-references) were adjusted across versions, altering procedural scope and compliance details."},"complexity_factors":["Cross-references to the Historic Shipwrecks Act 1981 for permit and warrant powers (reg 5, reg 6).","Enforcement mix: criminal penalties, expiation fees and inspector-issued expiation notices (reg 5(1), 5(3)).","Separate liability for vessel owner and operator increases compliance risk for third parties (reg 5(2)).","Procedural requirements for telephone-issued warrants impose an affidavit undertaking and post-issue verification (reg 6(1)(c)–(g)).","Definitions and external references (e.g. owner/operator meanings drawn from Harbors and Navigation Act 1993) create dependence on other statutes (reg 5(4)).","Legislative history shows amendments and revocation of prior regulations, adding interpretive complexity for administrators and users."],"plain_english_summary":"These regulations make it an offence to bring into, use in, or cause a vessel to enter a protected historic-shipwreck zone with diving/salvage equipment, explosives or tools, or to trawl, dive, moor or otherwise use a vessel there without a Ministerial permit; owners and operators can be separately liable. Penalties up to $10,000 and an expiation fee of $750 apply (reg 5). They also set procedures for telephone applications for warrants, requiring identity, grounds, an undertaking to file an affidavit and judicial officer confirmation (reg 6)."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The regulations remain tightly focused on their original purpose: operationalising the Historic Shipwrecks Act 1981 by specifying permit requirements for protected zones and procedural mechanisms for warrants. The legislative history shows only minor administrative amendments (omitting spent provisions, updating references) rather than expansion into new policy areas."},"complexity_factors":["Only 2 substantive regulations (sections 5 and 6) plus interpretation provisions","Minimal defined terms — only 4 explicit definitions across the entire instrument (Act, operator, owner, judicial officer)","No cross-references to other regulations or complex legislative schemes beyond the parent Act","Simple conditional structure in regulation 5 (prohibition + permit exception) with straightforward penalty provisions","Regulation 6 follows a linear procedural format (step-by-step telephone warrant process) without nested conditions","Total length is extremely short — approximately 1 page of substantive content","No exceptions to exceptions or complex temporal provisions"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations protect underwater heritage sites — specifically historic shipwrecks and relics — in South Australian waters. They create rules about what people can and cannot do in \"protected zones\" (special areas marked around significant shipwrecks).\n\n**Who it affects:**\n\n- **Boat owners and operators** — you can't moor or operate vessels in protected zones without permission\n- **Divers and fishers** — no diving, trawling, or underwater activities in these zones without a permit\n- **Salvage operators** — you can't bring in diving gear, explosives, tools, or salvage equipment without Ministerial approval\n- **Inspectors** — government officers who can issue on-the-spot fines (called \"expiation notices\")\n- **Judicial officers** — magistrates or justices who can issue search warrants over the phone in urgent situations\n\n**Key rules:**\n\n- **Prohibited activities in protected zones** (without a permit):\n  - Bringing in diving, salvage, or demolition equipment\n  - Using explosives or tools that could damage wrecks\n  - Diving, trawling, or any underwater activity\n  - Mooring or operating vessels\n  \n- **Penalties:** Up to $10,000 fine, or a $750 on-the-spot fine for less serious breaches\n- **Phone warrants:** Inspectors can apply for search warrants by telephone in urgent cases, but must later provide a sworn written statement (affidavit) confirming the facts\n\n**Why it matters:**\n\nSouth Australia has significant maritime history, including 19th-century shipwrecks. These regulations prevent looting, accidental damage from fishing or anchoring, and unauthorised salvage. The phone warrant provision allows rapid response when there's risk of immediate damage to heritage sites."}},"importantCases":[],"_links":{"self":"/api/acts/historic-shipwrecks-regulations-2017","history":"/api/acts/historic-shipwrecks-regulations-2017/history","analysis":"/api/acts/historic-shipwrecks-regulations-2017/analysis","conflicts":"/api/acts/historic-shipwrecks-regulations-2017/conflicts","importantCases":"/api/acts/historic-shipwrecks-regulations-2017/important-cases","documents":"/api/acts/historic-shipwrecks-regulations-2017/documents"}}