{"id":"maritime-archaeology-act-1973","name":"Maritime Archaeology Act 1973","slug":"maritime-archaeology-act-1973","collection":"act","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":82613,"registerId":"wa-maritime-archaeology-act-1973-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Maritime Archaeology Act 1973","content":"![Crest]()Western Australia\n\nMaritime Archaeology Act 1973\n\nWestern Australia\n\nMaritime Archaeology Act 1973\n\nContents\n\n1. Short title 1\n\n2. Commencement 1\n\n3. Terms used 1\n\n4. Maritime archaeological sites 2\n\n5. Act does not apply to specified sites or objects 2\n\n6. Vesting of ships and sites 3\n\n7. Compensation and prior vesting 4\n\n8. Offences 4\n\n9. Protected zones 5\n\n10. Evidence 7\n\n11. Seizure 8\n\n12. Forfeiture 9\n\n13. Court may order payment of value 9\n\n14. Reward for information as to offences 10\n\n15. Proceedings by Trustees relating to property 10\n\n16. Limitation period for prosecutions 10\n\n17. New finds 10\n\n18. Rewards as to ships and relics found 11\n\n19. Offences as to alleged finds 14\n\n20. Trustees’ powers 14\n\n21. Power of disposal 15\n\n22. Certain property to be made available to Trustees 15\n\n23. Regulations 16\n\n24. Register of discoverers of ancient shipwrecks 16\n\nFirst Schedule — Ships notified under Museums Acts\n\nSecond Schedule — Other ships from which relics are believed to have been recovered prior to 18 December 1964\n\nThird Schedule — Register of discoverers of ancient shipwrecks\n\nNotes\n\nCompilation table 22\n\nDefined terms\n\n  \n\nWestern Australia\n\nMaritime Archaeology Act 1973\n\nAn Act to make provision for the preservation on behalf of the community of the remains of ships lost before the year 1900, and of relics associated therewith, and for other purposes incidental thereto.\n\n##### 1. Short title\n\nThis Act may be cited as the *Maritime Archaeology Act 1973* 1.\n\n##### 2. Commencement\n\nThis Act shall come into operation on a date to be fixed by proclamation 1.\n\n##### 3. Terms used\n\nIn this Act unless the contrary intention appears —\n\n  Board means The Western Australian Museum Board constituted under the *Museum Act 1959* 2;\n\n  Director means the person appointed Director of the Museum under the *Museum Act 1969*;\n\n  historic ship means any ship that before the year 1900 was lost, wrecked or abandoned, or was stranded, on or off the coast of Western Australia;\n\n  Museum means the body corporate constituted under the *Museum Act 1969*, and known as “The Western Australian Museum”;\n\n  protected zone means an area declared to be a protected zone under section 9;\n\n  relic means any thing of historic interest that appears to have formed part of, or to have been carried by or derived from or associated with any historic ship, or to have been constructed or used by any person associated with any such ship, and any thing to which the provisions of section 6(3) apply;\n\n  section means section of this Act;\n\n  ship includes the remains of a ship, or any part of a ship;\n\n  site means a maritime archaeological site;\n\n  Trustees means the Trustees of the Museum appointed pursuant to the *Museum Act 1969*, and includes any person lawfully exercising the powers or performing the duties of the Trustees.\n\n##### 4. Maritime archaeological sites\n\n(1) For the purposes of this Act —\n\n(a) any area in which the remains of a ship, which in the opinion of the Director may have been a historic ship, are known to be located;\n\n(b) any area in which any relic is known to be located, or where in the opinion of the Director unrecovered relics associated with a ship which may have been a historic ship are likely to be located; and\n\n(c) any structure, campsite, fortification or other location of historic interest that, in the opinion of the Director, is associated with, and was occupied or used by, persons presumed to have been in a historic ship,\n\nshall be a maritime archaeological site.\n\n(2) A maritime archaeological site may be situated below low water mark, on or between the tide marks, or on land, or partly in one place and partly in another.\n\n##### 5. Act does not apply to specified sites or objects\n\n(1) Where the Director is of the opinion that any site is not of national or local historical interest or of scientific, archaeological, educational or other special national or local interest, he shall advise the Trustees accordingly and the Trustees may recommend to the Minister that the provisions of this Act should no longer apply to that site.\n\n(2) If the Minister approves of a recommendation made under subsection (1), he may, by notice in the *Gazette*, declare that this Act no longer applies to that site.\n\n(3) Where the Minister declares that this Act no longer applies to any maritime archaeological site the provisions of this Act shall no longer apply to any object taken, derived or recovered from, or associated with that site or the ship the remains of which were comprised in that site.\n\n##### 6. Vesting of ships and sites\n\n(1) The property in and right to possession of all historic ships and maritime archaeological sites is vested in the Museum on behalf of the Crown.\n\n(2) Subject to section 21, and unless the object in question —\n\n(a) is an object taken or recovered from a ship mentioned in the First Schedule in relation to which due notice was given to the Director under the provisions of section 20C of the *Museum Act 1959* 2, or of section 42 of the *Museum Act 1969* 3, and in respect of the disposal of which the written permission of the Trustees has been given; or\n\n(b) is an object taken or recovered before 18 December 1964 from a ship mentioned in the Second Schedule,\n\nand was immediately prior to the coming into operation of this Act in the lawful possession of a person, the property in and right to possession of all relics derived from or associated with a historic ship is vested in the Museum on behalf of the Crown.\n\n(3) Subject to section 21, the property in and right to possession of any object which, in the opinion of the Director, was abandoned in the State before the year 1900 and derives from or was associated with any ship, whether or not a historic ship within the meaning of this Act, and which was not, immediately prior to the coming into operation of this Act, in the lawful possession of a person, is vested in the Museum on behalf of the Crown.\n\n(4) Where the Trustees are satisfied that relics were recovered from a historic ship before 18 December 1964, and particulars of that historic ship do not appear in the Second Schedule, the Governor, on the recommendation of the Trustees, may by Order in Council, notice of which shall be published in the *Gazette*, add the particulars of that historic ship to the Second Schedule and thereupon that schedule as thereby amended shall be deemed to have been so enacted in this Act.\n\n##### 7. Compensation and prior vesting\n\n(1) Compensation is not payable to any person by reason that the property in and the right to possession of any site, relic, or thing is vested in the Museum on behalf of the Crown by the operation of this Act.\n\n(2) It is hereby declared that the property in and the right to possession of any ship or relic by operation of this Act vested in the Museum on behalf of the Crown shall be taken to have been so vested for all purposes at all material times —\n\n(a) in the Board, in relation to the period from the date of the coming into operation of the *Museum Act Amendment Act 1964* 4, to the date of the coming into operation of section 42 of the *Museum Act 1969* 5; and\n\n(b) in the Museum, in relation to the period from the date of the coming into operation of section 42 of the *Museum Act 1969* 5, to the date of the coming into operation of this Act 1.\n\n##### 8. Offences\n\n(1) A person who —\n\n(a) without the consent of the Trustees, in any way alters, removes, destroys, damages, or in any way deals with, or assumes the possession, custody or control of, any maritime archaeological site, ship, relic or thing vested in the Museum on behalf of the Crown pursuant to this Act; or\n\n(b) having the consent of the Trustees to do any of the things mentioned in paragraph (a), is in breach of any condition to which the giving of the consent was subject; or\n\n(c) impedes or hinders, or endeavours in any way to impede or hinder, any member of the staff or employee of the Museum or any person acting with the authority of the Trustees who is inspecting, recovering or otherwise dealing with any such site, ship, relic, or thing,\n\ncommits an offence.\n\nPenalty: $2 000 or imprisonment for 12 months or both the fine and imprisonment.\n\n(2) In any proceedings for an offence against subsection (1) the fact that no notice in writing to the Director in relation to that object has been given under the provisions of —\n\n(a) section 20C of the *Museum Act 1959* 2; or\n\n(b) section 42 of the *Museum Act 1969* 3,\n\nand that the Trustees’ authority in writing permitting the object to be sold, destroyed or otherwise disposed of has not been given is deemed to be proved in the absence of proof to the contrary.\n\n##### 9. Protected zones\n\n(1) For the purpose of preventing the plunder, damage or disturbance of maritime archaeological sites, and of the ships, relics or things vested in the Museum on behalf of the Crown, the Governor may, by an instrument published in the *Gazette*, declare that an area is a maritime archaeological site and that a specified area surrounding that site is a protected zone, and that zone may be declared to include the waters lying above and the land or the bed of the sea below it.\n\n(2) A declaration made under subsection (1) shall be laid before each House of Parliament within the 6 sitting days of such House next following the date of publication and the provisions of section 36 of the *Interpretation Act 1918* 6, shall thereupon apply to that declaration as if it had been a regulation so laid.\n\n(3) Where the site is or extends below low water mark the boundaries of that site shall be specified and the boundaries of the protected zone below low water mark in relation to that site shall not extend beyond 500 metres from the perimeter of that site.\n\n(4) The declaration of a protected zone shall specify the boundaries of that zone in sufficient detail to enable them to be established but it shall not be necessary that the boundaries are surveyed or demarcated, and notwithstanding that the boundaries are not demarcated a person may be convicted of an offence against this Act in relation to a protected zone where the court is satisfied that the location of that zone could have been established by a reasonable person by reference to land marks, leading marks, a buoy or other position marker specified in the declaration, but it shall be a defence to show that the location could not have been so established.\n\n(5) The Governor may make regulations prohibiting, or imposing conditions or restrictions upon —\n\n(a) the bringing into, or the use within, a protected zone of equipment constructed or adapted for any purpose of diving, salvage or recovery operations, or any explosives, instruments or tools likely adversely to affect a site, and the entry into, or the remaining within, a protected zone of any vessel carrying any such equipment or other such thing;\n\n(b) diving or other underwater activity; and\n\n(c) the mooring of vessels, or the use of those waters by vessels otherwise than for the purpose of innocent passage, recreation, or commercial fishing of a kind not likely adversely to affect a site,\n\nin relation to protected zones generally or in relation to any zone specified in the regulations.\n\n(6) A person who contravenes any provision of a regulation made pursuant to subsection (5) commits an offence against this Act, and where a vessel enters or remains within a protected zone in contravention of any such regulation the person in command or in charge of the vessel and, where he can be shown to have caused or permitted the contravention, the owner or charterer of the vessel are each guilty of an offence against this Act.\n\nPenalty: $1 000 or imprisonment for 6 months or both the fine and imprisonment.\n\n##### 10. Evidence\n\n(1) At the hearing of any proceedings with respect to any area or thing to which this Act applies the production of a certificate purporting to be signed by the Director, or by a member of the staff of the Museum to whom the power of the Director has been delegated by notice in the *Gazette* either for the general purposes of this Act or in relation to a particular matter, that he is satisfied —\n\n(a) that a locality or thing is of historic interest;\n\n(b) that an area constitutes a maritime archaeological site;\n\n(c) that a ship was, or appears likely to have been, in the waters adjacent to the coast of Western Australia before the year 1900; or\n\n(d) that a relic or thing appears to have been associated with a ship, or to have been abandoned, constructed or used by persons associated with a ship therein specified,\n\nis sufficient evidence of the matters relevant to those proceedings stated in the certificate, without proof of the signature of the person appearing to have signed the certificate or that he is the Director or a person so authorised by the Director, if —\n\n(e) notice of intention to adduce evidence by certificate is given not less than 3 days before the day of the trial or hearing, and that notice is served and the service proved in the same manner as notices to admit and produce may be served and proved in civil proceedings;\n\n(f) objection is not taken before or at the trial or hearing; and\n\n(g) the Director, and any person purporting to have signed the certificate as a delegate under the authority of the Director, have not been required to attend to give evidence in person,\n\nunless the court otherwise orders, or evidence to the contrary is adduced.\n\n(2) In any proceedings under this Act the onus of proof that the provisions of this Act do not apply to any ship, relic or other thing lies upon the accused.\n\n(3) Where in a charge of an offence against this Act there is an averment that an act or omission occurred within a protected zone, courts and persons acting judicially shall, on the act or omission being proved, presume in absence of proof to the contrary that it occurred within the protected zone as averred.\n\n[Section 10 amended: No. 84 of 2004 s. 80 and 82.]\n\n##### 11. Seizure\n\n(1) When, on the arrest of a person on a charge of an offence under section 8 or section 9 —\n\n(a) the property in respect of which the offence is alleged to be committed; or\n\n(b) any vessel, vehicle, equipment, or other thing alleged to have been used in the commission of the offence,\n\nis found in his possession or under his control the person arresting him may seize such property or thing.\n\n(2) The *Criminal and Found Property Disposal Act 2006* applies to and in respect of any thing that is seized under this section and for the purposes of that Act —\n\n(a) the Museum is a prescribed agency; and\n\n(b) the Director is the chief officer of the Museum.\n\n[Section 11 amended: No. 59 of 2006 s. 59.]\n\n##### 12. Forfeiture\n\n(1) A court convicting a person of an offence against section 8 or section 9 may, in addition to imposing a penalty, order the forfeiture to the Crown of any vessel, vehicle, or other specified equipment or thing, used in the commission of the offence, and any order so made has effect according to its tenor.\n\n(2) The court may, before making an order under this section, require notice to be given to, and hear, such persons as the court thinks fit.\n\n(3) Goods in respect of which an order is made under this section shall be dealt with as the Attorney General directs and, pending his direction, may be detained in such custody as the court directs.\n\n##### 13. Court may order payment of value\n\nA court convicting a person of an offence against this Act may, in addition to imposing a penalty, order the person to pay to the Trustees the full amount of the antiquarian value of the property damaged, mutilated, destroyed or removed, as the case may be, and the amount so ordered to be paid may be recovered as if it were part of the penalty imposed, notwithstanding that the total of the penalty and that amount exceeds the maximum penalty that may be imposed.\n\n##### 14. Reward for information as to offences\n\nThe Trustees may offer and pay a reward to any person who gives information to them or any member of the staff of the Museum of the commission of an offence against this Act that leads to the conviction of a person of the offence.\n\n##### 15. Proceedings by Trustees relating to property\n\nIn any charge preferred by the Trustees against a person under this Act, and in any proceedings instituted in relation to any property vested in the Museum or under the care and control of the Trustees, it is sufficient to state generally that the property in respect of which the proceedings are instituted is the property of the Museum.\n\n[Section 15 amended: No. 84 of 2004 s. 80.]\n\n##### 16. Limitation period for prosecutions\n\nA prosecution for an offence against this Act may be commenced within 12 months after the date on which the offence was allegedly committed or, if the person before whom the prosecution notice is signed is satisfied by evidence on oath that having regard to the circumstances of the case it was not practicable to commence the prosecution at an earlier date and gives or renews a certificate to that effect, within one month after the date of the certificate.\n\n[Section 16 inserted: No. 84 of 2004 s. 80.]\n\n##### 17. New finds\n\n(1) A person who finds a ship that was, or appears likely to have been, lost before the year 1900 and fails to give notice of the finding to the Director in writing as soon as practicable after the finding commits an offence.\n\nPenalty: $500.\n\n(2) A person who finds, takes or recovers any relic and fails to give notice that he has done so to the Director in writing as soon as practicable thereafter commits an offence.\n\nPenalty: $100.\n\n(3) It is a defence to a prosecution for an offence under this section to show that the accused knew, or had reasonable cause to believe, that due notice had been given to the Director by some other person and had been acknowledged by the Director.\n\n##### 18. Rewards as to ships and relics found\n\n(1) Subject to the approval of the Minister and to the provisions of section 20, the Trustees have power to reward the person who first notifies the Director of the position of a ship that was, or appears likely to have been, lost before the year 1900, or of any relic, the position of which was not previously known to the Trustees.\n\n(2) A person wishing to make a claim for a reward payable under subsection (1) should, where practicable, mark the position by leaving there a buoy or other identifiable thing that may be recovered by the Trustees, in order to verify that the position notified to the Director is the same as that investigated by the Trustees pursuant to that notification, and the Trustees may refuse the claim of any person who does not satisfy them that the position which he claims to have established has been verified.\n\n(3) In order to substantiate a claim as the person reporting the position of a ship or relic for the purposes of this section the notice given to the Director should —\n\n(a) state the time and date of the finding;\n\n(b) contain a description of the ship or relic and of any distinguishing features sufficiently detailed to ensure so far as is practicable that it may subsequently be positively identified as being that to which the notice of the finding relates;\n\n(c) give particulars of any buoy or other thing by which the claimant has marked the position;\n\n(d) give as accurate a description as is practicable of the position;\n\n(e) set out the particulars of the finder and the circumstances in which the find was made, including particulars of any other persons present or who rendered assistance.\n\n(4) Where a person is in doubt as to whether any ship that he has found was lost before the year 1900 or that any object is a relic, he may, by notice in writing, refer the question for decision to the Director whose decision is conclusive.\n\n(5) Where a person makes a claim for a reward under this section the Trustees shall, within 12 months thereafter —\n\n(a) notify him that a reward or an interim payment on account of a reward will be paid; or\n\n(b) notify him that it has not been possible within that time to evaluate the finding and that the Minister has directed that the Trustees may defer their decision for a further specified period; or\n\n(c) notify him that his claim is not admitted, or that no reward will be payable.\n\n(6) Where a person is aggrieved by the decision of the Trustees, or where no notification has been received by him within the period or further period specified in or in accordance with subsection (5) he may apply to the State Administrative Tribunal for an order requiring the Trustees to pay him such amount as is just.\n\n(6a) The President of the State Administrative Tribunal is to ensure that the Tribunal is constituted by, or includes, a judicial member as defined in the *State Administrative Tribunal Act 2004* when dealing with an application under subsection (6).\n\n(6b) Subsection (6a) does not apply to —\n\n(a) a directions hearing or other procedural hearing;\n\n(b) a compulsory conference; or\n\n(c) the appointment of a Tribunal member as a mediator.\n\n(7) Before making any order pursuant to this section the Tribunal shall afford the Minister and the Trustees an opportunity to be heard as to the information in their possession regarding that ship or relic, the actual or probable costs of recovery and preservation, the market value of the metal content of any relic, the course of conduct of the claimant in relation to the ship or relic, any payment made to the claimant pursuant to section 20(2), the steps which should be taken in the interest of maritime archaeology, and the time factors that are envisaged, and may hear and take into consideration any objection or submission made in relation thereto.\n\n(8) Subject to subsection (10), unless the Minister otherwise directs the aggregate of the moneys paid to any person by way of reward or rewards in relation to any one ship or the relics associated therewith shall not exceed $5 000.\n\n(9) Where the Tribunal is satisfied that a claimant is entitled to a reward under this section and that no other circumstances make it undesirable the Tribunal may, subject to subsection (8), award to the claimant such amount as it thinks just, and on the making of any such order the Trustees shall give effect thereto according to its tenor.\n\n(10) Notwithstanding the limitation referred to in subsection (8), where the Tribunal is satisfied that, regard being had to the matters referred to in subsection (7), the value of the metal content of any relics is such that the limitation should not be imposed the Tribunal may —\n\n(a) in relation to those relics, order that the claimant be paid an amount not exceeding one‑half of the market value of the metal content of those relics; and\n\n(b) order that any such payment in respect of metal content shall not be taken into account, or shall be taken into account only to a specified extent, in calculating the amount payable for the purposes of the limitation.\n\n[Section 18 amended: No. 55 of 2004 s. 710.]\n\n##### 19. Offences as to alleged finds\n\n(1) A person who makes a statement that to his knowledge is false or misleading in any material particular in relation to a claim made or notice given pursuant to this Act in respect of the alleged finding of a ship or relic commits an offence.\n\n(2) A person who, not being the finder, wilfully moves, removes, defaces, alters or otherwise interferes with a buoy or other evidence of the finding placed or erected at or over a ship or relic pursuant to this Act commits an offence.\n\nPenalty: $1 000.\n\n[Section 19 amended: No. 78 of 1995 s. 147.]\n\n##### 20. Trustees’ powers\n\n(1) The property in or right to possession of any ship, relic or other thing of historical interest vested in the Museum on behalf of the Crown shall not be disposed of except in accordance with section 21 and a contract or agreement which purports to do so is void.\n\n(2) Subject to subsection (1), the Trustees may —\n\n(a) pay to a person, who at their request delivers to them any relic or thing of historical interest, the expenses properly incurred by him in recovering and obtaining possession of it;\n\n(b) enter into an agreement for the recovery or partial recovery of any ship, relic, or thing of historical interest and expend such amount in that regard as is properly payable, based on a rate determined by the Trustees prior to the work of recovery being commenced;\n\n(c) take such steps as may be necessary or desirable to recover, preserve or display any ship, relic or thing vested in the Museum; and\n\n(d) promote or supervise activities aimed at the discovery, recovery, preservation, study and display of ships, relics and things to which this Act applies,\n\nand any such payment, agreement or activity may be made subject to such prior conditions or requirements as the Trustees think fit.\n\n##### 21. Power of disposal\n\nWhen the Trustees are satisfied that any relic has been preserved and has been examined and recorded they may make a recommendation to the Governor that the relic should be disposed of to —\n\n(a) the Commonwealth, or any State or Territory of the Commonwealth, the body known as The National Trust of Australia (W.A.), or the body known as the Royal Western Australian Historical Society Incorporated;\n\n(b) a person or body having historic associations with that relic; or\n\n(c) the finder, or a person who recovered or assisted in the recovery, of the relic,\n\nand if the Governor so directs the Trustees shall give effect to the recommendation.\n\n##### 22. Certain property to be made available to Trustees\n\n(1) Where a person has in his custody or under his control an object in relation to which a notice was given by the Director, in accordance with the provisions of section 20C of the *Museum Act 1959* 2, or of section 42 of the *Museum Act 1969* 3, that the object in the opinion of the Director was likely to be of national or local historical interest or of scientific, archaeological, educational or other special national or local interest, that person shall, if required by the Trustees, produce the object to them at such reasonable time as is specified by them for inspection and possession by them for the purposes of subsection (2).\n\n(2) Where, after inspecting any object produced pursuant to subsection (1), the Director is of the opinion that it is of national or local historical interest or of scientific, archaeological, educational or other special national or local interest, the Trustees may continue in possession of the object for a period of 30 days or for such longer period as the person producing it and the Trustees may agree upon, for the purpose of photographing, copying, or otherwise obtaining a record of, the object and investigating the extent of any such interest that the object may have.\n\n(3) At the expiration of the period mentioned in subsection (2), the Trustees shall, unless they and the person producing it otherwise agree, return the object to him.\n\n##### 23. Regulations\n\nThe Governor may make such regulations, whether general or to meet a particular case, as are in his opinion required or permitted by this Act for ensuring that the maritime archaeological sites and the ships, relics and things to which this Act applies, and the immediate environment necessary for their continued preservation, are protected from damage, disturbance or adverse influence.\n\n##### 24. Register of discoverers of ancient shipwrecks\n\n(1) In order to give statutory recognition to the primary and secondary discoverers of ancient shipwrecks there shall be a register of discoverers of ancient shipwrecks constituted by Schedule 3.\n\n(2) In this section —\n\nancient shipwreck means any of the ships wrecked off the coast of Western Australia and known as the *Tryal*, the *Batavia*, the *Vergulde Draeck*, the *Zuytdorp*, or the *Zeewyk*; and\n\nprimary discoverer and secondary discoverer have the meanings given to those terms by the Select Committee on Ancient Shipwrecks *Report* tabled in the Legislative Assembly on 17 August 1994.\n\n(3) The Third Schedule has effect.\n\n[Section 24 inserted: No. 44 of 1997 s. 4.]\n\nFirst Schedule — Ships notified under Museums Acts\n\n[s. 6]\n\n[Heading amended: No. 19 of 2010 s. 4.]\n\n| **Name of Ship** | **Year of loss** | **Approximate location** |\n| --- | --- | --- |\n| Known as the — |  |  |\n| “Tryal” ..................................... | 1622 | Tryal Rocks, Monte Bello Islands. |\n| “Batavia” ................................. | 1629 | Beacon Island, Wallabi Group, Houtmans Abrolhos. |\n| “Vergulde Draeck” .................. | 1656 | Ledge Point. |\n| “Zuytdorp” ............................... | 1712 | 33.5 nautical miles north of the mouth of the Murchison River. |\n| “Zeewyk” ................................. | 1727 | Gun Island, Pelsart Group, Houtmans Abrolhos. |\n\n\n[First Schedule amended: No. 8 of 2009 s. 90.]\n\nSecond Schedule — Other ships from which relics are believed to have been recovered prior to 18 December 1964\n\n[s. 6]\n\n[Heading amended: No. 19 of 2010 s. 4.]\n\n| **Name of Ship** | **Year of loss** | **Approximate location** |\n| --- | --- | --- |\n| Known as the — |  |  |\n| “Elizabeth” | 1839 | South of Cottesloe Beach. |\n| “Lancier” | 1839 | Stragglers Rocks. |\n| “Cervantes” | 1844 | Thirsty Point. |\n| “Eglinton” | 1852 | Eglinton Rocks. |\n| “Zedora” (formerly believed to be “Lancier”) | 1875 | South of Hügel Passage. |\n| “Georgette” | 1876 | South of Margaret River. |\n| “Lady Elizabeth” | 1878 | North of Dyer’s Island. |\n| “James Service” | 1878 | Murray Reef. |\n| “Ben Ledi” | 1879 | Pelsart Island. |\n| “Macedon” | 1883 | Transit Reef, Rottnest. |\n| “Mira Flores” | 1886 | Narrowneck, Rottnest. |\n| “Janet” | 1887 | Transit Reef, Rottnest. |\n| “Denton Holme” | 1890 | Transit Reef, Rottnest. |\n| “Raven” | 1891 | South of Dyer’s Island. |\n| “Ulidia” | 1893 | North of Stragglers Rocks. |\n| “Omeo” | 1894 | Owen Anchorage. |\n| “Sepia” | 1898 | Challenger Passage near Carnac Island. |\n| “City of York” | 1899 | City of York Bay, Rottnest. |\n| “Carlisle Castle” | 1899 | Coventry Reef. |\n| “Dato” | 1900 | Careening Bay, Garden Island. |\n| Unidentified | — | Boxer Island. |\n\n\nThird Schedule — Register of discoverers of ancient shipwrecks\n\n[s. 24]\n\n[Heading amended: No. 19 of 2010 s. 4.]\n\n| **Name of Ship** | **Primary Discoverer/s** | **Secondary Discoverer/s** |\n| --- | --- | --- |\n| *Tryal* | Eric Christiansen | Naoom Haimson |\n|  |  | David Nelley |\n|  |  | John MacPherson |\n|  |  | Alan Robinson |\n| *Batavia* | Henrietta Drake‑<br> Brockman | Greg Allen<br>Graham Cramer |\n|  | Max Cramer | Bruce Melrose |\n|  | Hugh Edwards |  |\n|  | Dave Johnson |  |\n| *Vergulde Draeck* | Graeme Henderson | John Cowen |\n|  |  | Alan Henderson |\n|  |  | James Henderson |\n|  |  | Alan Robinson |\n| *Zuytdorp* | Tom Pepper | Tom Brady |\n|  | Phillip Playford | Graham Cramer |\n|  |  | Max Cramer |\n|  |  | Ada Drage |\n| *Zeewyk* | Harry Bingham | Max Cramer |\n|  | Tom Brady | Colin Jack‑Hinton |\n|  | Hugh Edwards | Neil McLaghlan |\n\n\n[Third Schedule inserted: No. 44 of 1997 s. 5.]\n\nNotes\n\n1 This is a compilation of the *Maritime Archaeology Act 1973* and includes the amendments made by the other written laws referred to in the following table 8. The table also contains information about any reprint.\n\nCompilation table\n\n| **Short title** | | **Number and year** | **Assent** | **Commencement** | |\n| --- | --- | --- | --- | --- | --- |\n| *Maritime Archaeology Act 1973* | | 66 of 1973 | 28 Nov 1973 | 7 Dec 1973 (see s. 2 and *Gazette* 7 Dec 1973 p. 4479) | |\n| *Sentencing (Consequential Provisions) Act 1995* s. 147 | | 78 of 1995 | 16 Jan 1996 | 4 Nov 1996 (see s. 2 and *Gazette* 25 Oct 1996 p. 5632) | |\n| *Maritime Archaeology Amendment Act 1997* | | 44 of 1997 | 9 Dec 1997 | 9 Dec 1997 (see s. 2) | |\n| **Reprint 1: The *Maritime Archaeology Act 1973* as at 3 Oct 2003** (includes amendments listed above) | | | | | |\n| *State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004* Pt. 2 Div. 77 7 | | 55 of 2004 | 24 Nov 2004 | 1 Jan 2005 (see s. 2 and *Gazette* 31 Dec 2004 p. 7130) | |\n| *Criminal Procedure and Appeals (Consequential and Other Provisions) Act 2004* s. 80 and 82 | | 84 of 2004 | 16 Dec 2004 | 2 May 2005 (see s. 2 and *Gazette* 31 Dec 2004 p. 7129 (correction in *Gazette* 7 Jan 2005 p. 53)) | |\n| *Criminal Investigation (Consequential Provisions) Act 2006* Pt. 11 | | 59 of 2006 | 16 Nov 2006 | 1 Jul 2007 (see s. 2 and *Gazette* 22 Jun 2007 p. 2838) | |\n| *Statutes (Repeals and Miscellaneous Amendments) Act 2009* s. 90 | | 8 of 2009 | | 21 May 2009 | 22 May 2009 (see s. 2(b)) |\n| **Reprint 2: The *Maritime Archaeology Act 1973* as at 21 May 2010** (includes amendments listed above) | | | | | |\n| *Standardisation of Formatting Act 2010* s. 4 | | 19 of 2010 | | 28 Jun 2010 | 11 Sep 2010 (see s. 2(b) and *Gazette* 10 Sep 2010 p. 4341) |\n\n\n2 The *Museum Act 1959* was repealed by the *Museum Act 1969*.\n\n3 The *Museum Act 1969* s. 42 was deleted by the *Museum Act Amendment Act 1973* s. 9 (see s. 2 and *Gazette* 7 Dec 1973 p. 4480).\n\n4 *Museum Act Amendment Act 1964* operative 18 Dec 1964 (see s. 2 and *Gazette* 18 Dec 1964 p. 4039). See also endnote 2.\n\n5 *Museum Act 1969* s. 42 operative 19 Dec 1969 (see s. 2 and *Gazette* 19 Dec 1969 p. 4197). See also endnote 3.\n\n6 The *Interpretation Act 1918* was repealed by the *Interpretation Act 1984*. Now see the *Interpretation Act 1984* s. 42.\n\n7 The *State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004* Pt. 5, the *State Administrative Tribunal Act 2004* s. 167 and 169, and the *State Administrative Tribunal Regulations 2004* r. 28 and 42 deal with certain transitional issues some of which may be relevant for this Act.\n\n8 The *Sentencing Legislation Amendment and Repeal Act 2003* s. 78  had not come into operation when it was deleted by the *Statutes (Repeals and Minor Amendments) Act 2014* s. 38.\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\nancient shipwreck 24(2)\n\nBoard 3\n\nDirector 3\n\nhistoric ship 3\n\nMuseum 3\n\nprimary discoverer 24(2)\n\nprotected zone 3\n\nrelic 3\n\nsecondary discoverer 24(2)\n\nsection 3\n\nship 3\n\nsite 3\n\nTrustees 3\n","sortOrder":0}],"analysis":{"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed — the actual text of the Maritime Archaeology Act 1973 was not available in the provided content. Only a broken link error page was supplied."},"complexity_factors":["No legislative content was provided — only a website error page was supplied for analysis","Cannot assess complexity without actual legislative text","Score of 1 reflects absence of analysable content, not simplicity of the actual law"],"plain_english_summary":"## Maritime Archaeology Act 1973 (WA)\n\n**⚠️ Content Unavailable**\n\nThe source document provided does not contain the actual text of the Maritime Archaeology Act 1973 (Western Australia). The link to the legislation returned a website error page — the content has moved or is temporarily unavailable on the Western Australian legislation website.\n\n**What we do know:**\n- This is a **Western Australian state law** dating from 1973\n- Based on its title, it likely relates to the **protection and management of historic shipwrecks and underwater archaeological sites** in Western Australian waters\n- A meaningful plain English summary **cannot be reliably produced** from the available content\n\n**What you should do:**\n- Visit the [Western Australian legislation website](https://www.legislation.wa.gov.au) and search for \"Maritime Archaeology Act 1973\" directly\n- Contact the Parliamentary Counsel's Office Helpdesk as suggested on the error page"},"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"},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"Since its original 1973 form the Act has acquired additional administrative and enforcement machinery that expands its practical scope beyond the simple vesting-and-protection model. Notable expansions include: the statutory Reward scheme with Tribunal review and caps (s 18, added and amended in later Acts); an explicit Register of Discoverers for named \"ancient\" wrecks (s 24 and Schedule 3, inserted 1997); modern seizure and disposal linkage to the Criminal and Found Property Disposal Act (s 11, added 2006); evidentiary and procedural updates (s 10 and s 16, amended 2004); and schedule updates naming particular wrecks (Schedules 1–2 changes). These additions move the Act from a narrow preservation statute toward a more developed administrative regime that recognises discoverers, provides dispute-resolution pathways, and integrates criminal disposal and evidence processes — increasing enforcement, administrative decision-making and recognition mechanisms compared with the Act's original, more limited preservation focus."},"complexity_factors":["12 defined terms in s 3 and additional defined terms in s 24","Cross‑references to multiple external Acts (Museum Acts, Interpretation Acts, Criminal and Found Property Disposal Act, State Administrative Tribunal Act) increasing interpretive dependencies","Conditional vesting with exceptions and retrospective deeming (s 6(2)–(4) and s 7(2))","Protected zone rules with spatial limits, demarcation defences and delegated regulation-making power (s 9(3)–(5))","Evidentiary presumptions and shifted onus in prosecutions (s 10) that interact with other procedural rules","Reward scheme with statutory caps, Tribunal review, and procedural detail for claims (s 18(5)–(10))","Seizure and disposal regime tied to another Act (s 11) and forfeiture powers (s 12)","Schedules listing specific ships and the Register (schedules 1–3) that create direct legal effects","Temporal limitation for prosecutions (12 months, s 16) and an exceptional extension route","Relatively concise overall length but multiple discrete substantive regimes (vesting, offences, protected zones, rewards, evidence, disposal)"],"plain_english_summary":"**What this law does (mechanics)\n\n- Vesting and scope: The Act declares that the property and possession rights in the remains of ships lost before 1900 (\"historic ships\"), maritime archaeological sites, and most relics found in or associated with those ships are vested in the Western Australian Museum on behalf of the Crown (see s 3 definition of \"historic ship\"; s 6(1)–(3)).\n\n- Exceptions and delisting: The Director of the Museum may advise that a site is not of historical or scientific interest; the Trustees can recommend and the Minister can formally remove a site from coverage by Gazette notice (s 5). Once a site is delisted, objects from it are no longer covered by the Act (s 5(3)).\n\n- Protection of sites and protected zones: The Governor may declare maritime archaeological sites and surrounding \"protected zones\" (which may include waters and the seabed) by Gazette notice. Where a site extends below low-water mark the protected zone below low water cannot extend more than 500 metres from the site's perimeter (s 9(1), (3)). Regulations may prohibit or condition diving, salvage equipment, mooring and other activities in protected zones (s 9(5)). Breaches attract criminal penalties (s 9(6)).\n\n- Offences and penalties: It is a criminal offence to alter, remove, destroy, damage, take possession of, or otherwise interfere with any site, ship or relic vested in the Museum without Trustees' consent, or to hinder staff carrying out inspections or recoveries (s 8). Penalties include fines and imprisonment; courts can also order forfeiture of vessels or equipment used in commission of offences and can order payment equal to the antiquarian value of damaged or removed property (s 12–13).\n\n- Reporting new finds and rewards: People who find a ship that appears to have been lost before 1900, or who recover relics, must notify the Director in writing as soon as practicable (s 17). The Trustees may award rewards for first notification of previously unknown ship positions or relic locations (subject to Ministerial approval and constraints in s 18). Reward claims may be reviewed by the State Administrative Tribunal (s 18(6)–(7)). There is a statutory cap on aggregate rewards per ship (s 18(8)) but an exception allows payment up to half the market value of metal content of relics in some cases (s 18(10)).\n\n- Evidence and presumptions: The Director (or delegated staff) can produce a written certificate that certain factual matters are true (e.g. that an area is a maritime archaeological site, or a relic is associated with a ship). Such certificates are admissible as evidence unless challenged (s 10(1)). In prosecutions the accused bears the onus of proving the Act does not apply to an object (s 10(2)). If an act is proved to have occurred, courts will presume it occurred within a protected zone where alleged (s 10(3)).\n\n- Powers to recover, conserve and dispose: Trustees may pay expenses to people who hand over relics, enter agreements to recover material, and take steps necessary to recover, preserve and display ships and relics (s 20). Once a relic has been preserved and examined, the Trustees may recommend disposal to specified public bodies, historical organisations, persons with historic association, or the finder (s 21).\n\n- Seizure, forfeiture and property handling: Police or authorised persons may seize items and equipment connected to offences; seized items are dealt with under the Criminal and Found Property Disposal Act (s 11). Courts can order forfeiture of vessels or equipment used in offences (s 12).\n\n- Administrative registers and recognition: The Act provides for a Register of Discoverers for certain named \"ancient\" shipwrecks (Tryal, Batavia, Vergulde Draeck, Zuytdorp, Zeewyk) and records primary and secondary discoverers (s 24 and Schedule 3).\n\n- No compensation for vesting: The Act declares that no compensation is payable merely because property vests in the Museum under this Act (s 7(1)).\n\nWhy it matters and who it affects\n\n- Affected parties: recreational and commercial divers, professional salvors, coastal landowners, fishers, shipowners, finders of relics, museums and heritage bodies, and the public treasury (which funds Museum activity). The Act directly shifts legal ownership and control of pre‑1900 ship remains and associated relics to the Museum (s 6).\n\n- Practical effects for private actors: Individuals or companies who discover wrecks or relics lose automatic property rights to keep or sell them; they must notify the Director (s 17) and may obtain a discretionary reward rather than market value (s 18). Salvage contractors face constraints: protected zones, equipment restrictions and a prohibition on private disposal of vested items (s 9, s 20(1), s 21).\n\n- Administrative decisions and discretion: Key determinations — whether an area is a maritime archaeological site, whether an object is of historical interest, whether to delist a site, and reward decisions — are made by the Director, Trustees, Minister or Governor (s 4, s 5, s 18, s 9). These are legally significant and may be reviewed (e.g. reward disputes can go to the State Administrative Tribunal under s 18(6)).\n\nOfficial purpose-claim and a brief test of trade-offs\n\n- The Act's stated purpose is to preserve remains of ships lost before 1900 and associated relics on behalf of the community (long title; s 6 vesting). That mechanism involves central legal ownership by a public museum, criminal prohibitions on unauthorised interference, and regulation of activities in defined protected zones.\n\n- Costs and incentives: The Crown (via the Museum/Trustees) assumes custodial and preservation costs, and bears operational costs for locating, recovering, conserving and displaying material (s 20). Discoverers are offered limited financial incentives (rewards capped at prescribed limits, s 18(8)–(10)) and possible recognition (Register of Discoverers, s 24). Private commercial salvors face reduced financial upside and higher legal risk; that alters incentives away from commercial salvage and toward cooperation with the Museum or, if enforcement is weak, potential illicit recovery.\n\n- Compliance burden and enforcement risk: The Act imposes reporting duties (s 17), equipment and activity restrictions in protected zones (s 9(5)), and gives officials and courts evidentiary presumptions and seizure/forfeiture powers (s 10, s 11, s 12). Enforcement at sea is practically difficult, and proving precise locations or unauthorised activity can be challenging (s 9(4) recognises boundary identification issues and provides a specific defence).\n\n- Market effects and substitution: By vesting ownership in the public museum and regulating recovery, the Act reduces private market transactions in pre‑1900 wreck material and channels recovery through public heritage processes (s 6, s 20, s 21). This may reduce the supply of artefacts to private markets and shift recoveries into museum care or authorised transfers.\n\n- Concentrated benefits and diffuse costs: Benefits (custody, research, public display) concentrate to the Museum and the broader public interest, while costs (administrative, compliance, restricted private economic returns) are spread across divers, salvors and finders. Reward provisions and the Register of Discoverers provide some concentrated recognition or payment to discoverers (s 18, s 24).\n\nImplementation and legal risk points to watch\n\n- High administrative discretion (Director/Trustees/Minister/Governor) can produce uncertainty for finders and commercial operators (s 4, s 5, s 9, s 18).\n- Evidence presumptions and the shifted onus of proof in prosecutions increase prosecution efficacy but raise risks for accused parties (s 10).\n- Practical enforcement against unauthorised recovery and accurately locating/describing underwater sites is resource‑intensive (s 9(4)–(5), s 11).\n- The no‑compensation rule (s 7(1)) removes a straightforward remedy for prior possessors whose property is vested by operation of the Act.\n\nKey sections to consult for action: vesting and exceptions (s 6), reporting duties (s 17), rewards and review (s 18), protected zones and equipment rules (s 9), offences and penalties (s 8, s 12–13), evidence rules (s 10), Trustees' powers and disposal (s 20–21), and the Register (s 24)."},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":true,"description":"The original 1973 Act focused on preserving pre-1900 shipwrecks and relics. However, section 24 (inserted in 1997) added a specific statutory register recognizing primary and secondary discoverers of five specific Dutch shipwrecks, effectively creating a 'hall of fame' mechanism that goes beyond mere preservation into formal recognition of individual contributions. Additionally, amendments in 2004 and 2006 integrated modern administrative law processes (State Administrative Tribunal appeals) and criminal procedure frameworks, shifting the Act from a simple preservation statute to a more complex administrative and criminal law hybrid."},"complexity_factors":["Multiple overlapping definitions requiring cross-referencing (e.g., 'historic ship', 'relic', 'site', 'ancient shipwreck' each have specific meanings)","Complex vesting provisions with multiple exceptions and grandfathering clauses (section 6 references First and Second Schedules and specific dates like 18 December 1964)","Nested conditional logic in reward provisions (section 18) with caps, exceptions to caps, and tribunal oversight","Interaction with multiple other Acts (Museum Act 1959, Museum Act 1969, Criminal and Found Property Disposal Act 2006, State Administrative Tribunal Act 2004) requiring external knowledge","Protected zone declaration process involving Governor, Gazette, and Parliamentary laying requirements","Evidentiary presumptions and reversed onuses of proof (section 10) creating procedural complexity","Three separate schedules with specific ship names and discoverer details that modify substantive rights"],"plain_english_summary":"**What this law does:**\n\nThis is Western Australia's law for protecting old shipwrecks and their treasures. It covers any ship lost before 1900 off the WA coast, plus anything associated with those ships (called \"relics\").\n\n**Key things it does:**\n\n*   **Takes ownership:** All historic shipwrecks and their relics automatically become property of the Western Australian Museum (on behalf of the Crown/government). This happens even if someone else found them first.\n*   **Creates protected zones:** The government can declare areas around shipwrecks as \"protected zones\" where diving, salvage, and certain vessel activities are restricted or banned.\n*   **Requires reporting:** If you find an old shipwreck or relic, you must tell the Museum's Director in writing. Failing to do so is an offence.\n*   **Bans interference:** You cannot damage, remove, or mess with shipwrecks or relics without permission from the Museum Trustees. Doing so can land you with fines up to $2,000 or 12 months in prison.\n*   **Offers rewards:** People who report discoveries can claim rewards (up to $5,000 generally, though the State Administrative Tribunal can award more in special cases). There's even a formal register recognizing the primary and secondary discoverers of five famous Dutch shipwrecks (the *Tryal*, *Batavia*, *Vergulde Draeck*, *Zuytdorp*, and *Zeewyk*).\n*   **Allows recovery agreements:** The Trustees can pay people to recover items or reimburse their expenses, but they can't sell the relics to just anyone—only to other museums, historical societies, or people with genuine historical connections to the item.\n\n**Who it affects:**\n\n*   Divers, fishermen, and anyone exploring the WA coast\n*   Maritime archaeologists and historians\n*   People who inherit or possess old maritime artifacts\n*   Anyone finding shipwreck material (even accidentally)\n\n**Why it matters:**\n\nBefore this law, shipwreck salvage was often a free-for-all. This legislation ensures WA's maritime heritage—particularly its significant Dutch shipwrecks from the 1600s-1700s—is preserved for public benefit rather than stripped for scrap or sold to private collectors. It balances protection with incentives for discovery by offering rewards and recognition."}},"importantCases":[],"_links":{"self":"/api/acts/maritime-archaeology-act-1973","history":"/api/acts/maritime-archaeology-act-1973/history","analysis":"/api/acts/maritime-archaeology-act-1973/analysis","conflicts":"/api/acts/maritime-archaeology-act-1973/conflicts","importantCases":"/api/acts/maritime-archaeology-act-1973/important-cases","documents":"/api/acts/maritime-archaeology-act-1973/documents"}}