{"id":"F2019L00921","name":"Underwater Cultural Heritage Act 2018 (Protected Zones) Declaration Instrument 2019","slug":"underwater-cultural-heritage-act-2018-protected-zones-declaration-instrument-2019","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":440158,"registerId":"F2019L00921-fast-fetch-1775955898140","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Underwater Cultural Heritage Act 2018 (Protected Zones) Declaration Instrument 2019","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nUnderwater Cultural Heritage Act 2018 (Protected Zones) Declaration Instrument 2019\n\nI, Sussan Ley, Minister for the Environment, pursuant to subsection 20(1) of the Underwater Cultural Heritage Act 2018, hereby declare the areas described in Schedule 1, being areas containing protected underwater cultural heritage, to be protected zones; and the prohibited conduct specified for each area in the Schedule to be prohibited within the corresponding protected zone.\n\nDated  26 June 2019  \n\nSussan Ley\n\nMinister for the Environment\n\n \n\n \n\n \n\nContents\n\n1 Name\n\n2 Commencement\n\n3 Authority\n\n4 Definitions\n\nSchedule 1—Protected Zones\n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n1  Name\n\n  This instrument is the Underwater Cultural Heritage Act 2018 (Protected Zones) Declaration Instrument 2019.\n\n2  Commencement\n\n  This instrument commences1 July 2019 and remain in force for a period of 12 years, unless earlier varied or revoked.  \n\n3  Authority\n\n  This instrument is made under subsection 20(1) of the Underwater Cultural Heritage Act 2018.\n\n4  Definitions\n\n  In this instrument:\n\nAct means the Underwater Cultural Heritage Act 2018.\n\nAustralian waters means those water described in Section 11 of the Act.\n\nWGS84 datum means the World Geodetic System 1984 datum that is used for cartography, geodesy, and satellite navigation purposes and is defined and maintained by the United States National Geospatial-Intelligence Agency (NGA).\n\n5  Schedule\n\n  Each Protected Zone specified in a Schedule to this instrument is declared as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.\n\n\n\n\nSchedule 1—Protected Zones\n\n \n\n \n\n1.                 So much of the area bounded by an imaginary line forming a circle with a radius of 500 metres the centre of which is at the intersection of Latitude 26° 59' 42\" South with Longitude 153° 28' 42\" East as defined using WGS84 datum and consists of Australian waters, within which the remains of a vessel and associated articles are located, that appear to be the Aarhus (1894).\n\n\nThe following conduct is prohibited within this area:\n\n1.             Allowing a vessel to become stationary;\n2.             Underwater activities; and\n3.             Anchoring or mooring vessels.\n\n\n1.                 So much of the area bounded by an imaginary line forming a circle with a radius of 500 metres the centre of which is at the intersection of Latitude 38° 29' 13\" South with Longitude 144° 45' 02\" East as defined using WGS84 datum and consists of Australian waters, within which the remains of a vessel and associated articles are located, that appear to be the SS Alert (1893).\n\n\nThe following conduct is prohibited within this area:\n\n1.             Entry of persons or vessels;\n2.             Underwater activities;\n3.             Anchoring or mooring vessels; and\n4.             Fishing including trawling, netting, dredging and pot or trap fishing.\n\n\n1.                 So much of the area bounded by an imaginary line forming a circle with a radius of 800 metres the centre of which is at the intersection of Latitude 19° 50' 16\" South with Longitude 148° 19' 01\" East as defined using WGS84 datum and consists of Australian waters, within which the remains of an aircraft and associated articles are located, that appear to be the   Catalina A24-24 (1943).\n\n\nThe following conduct is prohibited within this area:\n\n1.             Entry of persons or vessels;\n2.             Underwater activities;\n3.             Anchoring or mooring vessels; and\n4.             Release or deposit of objects or materials.\n\n\n1.                 So much of the area bounded by an imaginary line forming a circle with a radius of 800 metres the centre of which is at the intersection of Latitude 17° 12' 54\" South with Longitude 146° 12' 25\" East as defined using WGS84 datum and consists of Australian waters, within which the remains of an aircraft and associated articles are located, that appear to be the Catalina   A24-25 (1943).\n\n\nThe following conduct is prohibited within this area:\n\n1.             Entry of persons or vessels;\n2.             Underwater activities;\n3.             Anchoring or mooring vessels; and\n4.             Release or deposit of objects or materials.\n\n\n1.                 So much of the area bounded by an imaginary line forming a circle with a radius of 800 metres the centre of which is at the intersection of Latitude 22° 11' 38\" South with Longitude 155° 21' 21\" East as defined using WGS84 datum and consists of Australian waters, within which the remains of vessels and associated articles are located, that appear to be the Cato and HMS Porpoise (1803).\n\n\nThe following conduct is prohibited within this area:\n\n1.             Entry of persons or vessels;\n2.             Underwater activities; and\n3.             Anchoring or mooring vessels.\n\n\n1.                 So much of the area bounded by an imaginary line forming a circle with a radius of 800 metres the centre of which is at the intersection of Latitude 27° 16' 58\" South with Longitude 153° 59' 13\" East as defined using WGS84 datum and consists of Australian waters, within which the remains of a vessel and associated articles are located, that appear to be the AHS Centaur (1943).\n\n\nThe following conduct is prohibited within this area:\n\n1.             Allowing a vessel to become stationary;\n2.             Underwater activities within 200 metres of the sea bed; and\n3.             Release or deposit of objects or materials.\n\n\n1.                 So much of the area bounded by an imaginary line forming a circle with a radius of 50 metres the centre of which is at the intersection of Latitude 38° 44' 38\" South with Longitude 146° 40' 39\" East as defined using WGS84 datum and consists of Australian waters, within which the remains of a vessel and associated articles are located, that appear to be the Clonmel (1841).\n\n\nThe following conduct is prohibited within this area:\n\n1.             Allowing a vessel to become stationary;\n2.             Underwater activities; and\n3.             Anchoring or mooring vessels.\n\n\n1.                 So much of the area bounded by an imaginary line forming a circle with a radius of 500 metres the centre of which is at the intersection of Latitude 11° 50' 40\" South with Longitude 96° 49' 13\" East as defined using WGS84 datum and consists of Australian waters, within which the remains of a vessel and associated articles are located, that appear to be the SMS Emden (1914).\n\n\nThe following conduct is prohibited within this area:\n\n1.             Entry of persons or vessels;\n2.             Underwater activities; and\n3.             Anchoring or mooring vessels.\n\n\n1.                 So much of the area bounded by an imaginary line forming a circle with a radius of 800 metres the centre of which is at the intersection of Latitude 38° 07' 20\" South with Longitude 148° 43' 51\" East as defined using WGS84 datum and consists of Australian waters, within which the remains of a vessel and associated articles are located, that appear to be the SS Federal (1901).\n\n\nThe following conduct is prohibited within this area:\n\n1.             Entry of persons or vessels;\n2.             Underwater activities;\n3.             Anchoring or mooring vessels; and\n4.             Fishing including trawling, netting, dredging and pot or trap fishing.\n\n\n1.             So much of the area bounded by an imaginary line forming a circle with a radius of 800 metres the centre of which is at the intersection of Latitude 11° 13' 06\" South with Longitude 130° 05' 27\" East as defined using WGS84 datum and consists of Australian waters, within which the remains of a vessel and associated articles are located, that appear to be the SS Florence D (1942).\n\n\nThe following conduct is prohibited within this area:\n\n1.             Entry of persons or vessels;\n2.             Underwater activities; and\n3.             Anchoring or mooring vessels.\n\n\n1.             So much of the area bounded by an imaginary line forming a circle with a radius of 500 metres the centre of which is at the intersection of Latitude 18° 16' 12\" South with Longitude 147° 22' 58\" East as defined using WGS84 datum and consists of Australian waters, within which the remains of a vessel and associated articles are located, that appear to be the Foam (1893).\n\n\nThe following conduct is prohibited within this area:\n\n1.             Entry of persons or vessels;\n2.             Underwater activities; and\n3.             Anchoring or mooring vessels.\n\n\n1.             So much of the area bounded by an imaginary line forming a circle with a radius of 500 metres the centre of which is at the intersection of Latitude 38° 33' 09\" South with Longitude 147° 12' 27\" East as defined using WGS84 datum and consists of Australian waters, within which the remains of a vessel and associated articles are located, that appear to be the SS Glenelg (1900).\n\n\nThe following conduct is prohibited within this area:\n\n1.             Entry of persons or vessels;\n2.             Underwater activities;\n3.             Anchoring or mooring vessels; and\n4.             Fishing including trawling, netting, dredging and pot or trap fishing.\n\n\n1.             So much of the area bounded by an imaginary line forming a circle with a radius of 500 metres the centre of which is at the intersection of Latitude 19° 21' 59\" South with Longitude 148° 03' 25\" East as defined using WGS84 datum and consists of Australian waters, within which the remains of a vessel and associated articles are located, that appear to be the Gothenburg (1875).\n\n\nThe following conduct is prohibited within this area:\n\n1.             Entry of persons or vessels;\n2.             Underwater activities; and\n3.             Anchoring or mooring vessels.\n\n\n1.             So much of the area bounded by an imaginary line forming a circle with a radius of 800 metres the centre of which is at the intersection of Latitude 12° 07' 12\" South with Longitude 130° 06' 23\" East as defined using WGS84 datum and consists of Australian waters, within which the remains of a vessel and associated articles are located, that appear to be the I-124 (Submarine) (1942).\n\n\nThe following conduct is prohibited within this area:\n\n1.             Allowing a vessel to become stationary;\n2.             Underwater activities;\n3.             Anchoring or mooring vessels; and\n4.             Release or deposit of objects or materials.\n\n\n1.             So much of the area bounded by an imaginary line forming a circle with a radius of 3200 metres the centre of which is at the intersection of Latitude 26° 05' 58\" South with Longitude 111° 04' 22\" East as defined using WGS84 datum and consists of Australian waters, within which the remains of a vessel and associated articles are located, that appear to be the HSK Kormoran (1941).\n\n\nThe following conduct is prohibited within this area:\n\n1.             Allowing a vessel to become stationary;\n2.             Underwater activities within 200 metres of the sea bed; and\n3.             Release or deposit of objects or materials.\n\n\n1.             So much of the area bounded by an imaginary line forming a circle with a radius of 2000 metres the centre of which is at the intersection of Latitude 15° 12' 00\" South with Longitude 155° 27' 00\" East as defined using WGS84 datum and consists of Australian waters, within which the remains of a vessel and associated articles are located, that appear to be the USS Lexington (1942).\n\n\nThe following conduct is prohibited within this area:\n\n1.             Allowing a vessel to become stationary;\n2.             Underwater activities within 200 metres of the sea bed; and\n3.             Release or deposit of objects or materials.\n\n\n1.             So much of the area bounded by an imaginary line forming a circle with a radius of 500 metres the centre of which is at the intersection of Latitude 21° 00' 13\" South with Longitude 149° 30' 21\" East as defined using WGS84 datum and consists of Australian waters, within which the remains of a vessel and associated articles are located, that appear to be the Llewellyn (1919).\n\n\nThe following conduct is prohibited within this area:\n\n1.             Entry of persons or vessels;\n2.             Underwater activities; and\n3.             Anchoring or mooring vessels.\n\n\n1.             So much of the area bounded by an imaginary line forming a circle with a radius of 500 metres the centre of which is at the intersection of Latitude 33° 40' 21\" South with Longitude 151° 22' 58\" East as defined using WGS84 datum and consists of Australian waters, within which the remains of a vessel and associated articles are located, that appear to be the M-24 (Submarine) (1942).\n\n\nThe following conduct is prohibited within this area:\n\n1.             Entry of persons or vessels;\n2.             Underwater activities;\n3.             Anchoring or mooring vessels; and\n4.             Release or deposit of objects or materials.\n\n\n1.             So much of the area bounded by an imaginary line forming a circle with a radius of 800 metres the centre of which is at the intersection of Latitude 11° 22' 33\" South with Longitude 134° 36' 33\" East as defined using WGS84 datum and consists of Australian waters, within which the remains of a vessel and associated articles are located, that appear to be the SS Macumba (1943).\n\n\nThe following conduct is prohibited within this area:\n\n1.             Allowing a vessel to become stationary;\n2.             Underwater activities; and\n3.             Anchoring or mooring vessels.\n\n\n1.             So much of the area bounded by an imaginary line forming a circle with a radius of 800 metres the centre of which is at the intersection of Latitude 17° 12' 04\" South with Longitude 146° 17' 18\" East as defined using WGS84 datum and consists of Australian waters, within which the remains of a vessel and associated articles are located, that appear to be the HMCS Mermaid (1829).\n\n\nThe following conduct is prohibited within this area:\n\n1.             Entry of persons or vessels;\n2.             Underwater activities; and\n3.             Anchoring or mooring vessels.\n\n\n1.             So much of the area bounded by an imaginary line forming a circle with a radius of 2000 metres the centre of which is at the intersection of Latitude 15° 35' 00\" South with Longitude 155° 36' 00\" East as defined using WGS84 datum and consists of Australian waters, within which the remains of a vessel and associated articles are located, that appear to be the USS Neosho (1942).\n\n\nThe following conduct is prohibited within this area:\n\n1.             Allowing a vessel to become stationary;\n2.             Underwater activities within 200 metres of the sea bed; and\n3.             Release or deposit of objects or materials.\n\n\n1.             So much of the area bounded by an imaginary line forming a circle with a radius of 500 metres the centre of which is at the intersection of Latitude 11° 22' 19\" South with Longitude 143° 59' 16\" East as defined using WGS84 datum and consists of Australian waters, within which the remains of a vessel and associated articles are located, that appear to be the HMS Pandora (1791).\n\n\nThe following conduct is prohibited within this area:\n\n1.             Entry of persons or vessels;\n2.             Underwater activities; and\n3.             Anchoring or mooring vessels.\n\n\n1.             So much of the area bounded by an imaginary line forming a circle with a radius of 800 metres the centre of which is at the intersection of Latitude 11° 41' 30\" South with Longitude 134° 36' 40\" East as defined using WGS84 datum and consists of Australian waters, within which the remains of a vessel and associated articles are located, that appear to be the Sanyo Maru (1937).\n\n\nThe following conduct is prohibited within this area:\n\n1.             Allowing a vessel to become stationary;\n2.             Underwater activities; and\n3.             Anchoring or mooring vessels.\n\n\n1.             So much of the area bounded by an imaginary line forming a circle with a radius of 2000 metres the centre of which is at the intersection of Latitude 16° 02' 00\" South with Longitude 157° 57' 00\" East as defined using WGS84 datum and consists of Australian waters, within which the remains of a vessel and associated articles are located, that appear to be the USS Simms (1942).\n\n\nThe following conduct is prohibited within this area:\n\n1.             Allowing a vessel to become stationary;\n2.             Underwater activities within 200 metres of the sea bed; and\n3.             Release or deposit of objects or materials.\n\n\n1.             So much of the area bounded by an imaginary line forming a circle with a radius of 800 metres the centre of which is at the intersection of Latitude 26° 14' 39\" South with Longitude 111° 12' 48\" East as defined using WGS84 datum and consists of Australian waters, within which the remains of a vessel and associated articles are located, that appear to be the HMAS Sydney II (1941).\n\n\nThe following conduct is prohibited within this area:\n\n1.             Allowing a vessel to become stationary;\n2.             Underwater activities within 200 metres of the sea bed; and\n3.             Release or deposit of objects or materials.\n\n\n1.             So much of the area bounded by an imaginary line forming a circle with a radius of 800 metres the centre of which is at the intersection of Latitude 19° 18' 16\" South with Longitude 147° 37' 19\" East as defined using WGS84 datum and consists of Australian waters, within which the remains of a vessel and associated articles are located, that appear to be the SS Yongala (1911).\n\n\nThe following conduct is prohibited within this area:\n\n1.             Entry of persons or vessels;\n2.             Underwater activities; and\n3.             Anchoring or mooring vessels.\n\n\n1.             So much of the area bounded by an imaginary line forming a circle with a radius of 500 metres the centre of which is at the intersection of Latitude 27° 11' 10\" South with Longitude 113° 56' 11\" East as defined using WGS84 datum and consists of Australian waters, within which the remains of a vessel and associated articles are located, that appear to be the Zuytdorp (1712).\n\n\nThe following conduct is prohibited within this area:\n\n1.             Entry of persons or vessels;\n2.             Underwater activities; and\n3.             Anchoring or mooring vessels.\n\n\nThe areas described in this schedule shall be taken to include the airspace above the area to a height of 152 metres as measured from mean sea level and, to the extent to which the area consists of the surface of any sea, to include the waters beneath the area, the seabed beneath those waters and the subsoil of that seabed.\n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument performs exactly the function intended by the Underwater Cultural Heritage Act 2018: declaring specific protected zones around underwater cultural heritage sites. It does not expand beyond this purpose."},"complexity_factors":["Highly repetitive structure: 26 nearly identical entries following the same template","Minimal defined terms (only 3: 'Act', 'Australian waters', 'WGS84 datum')","No cross-references to other legislation beyond the enabling Act","Simple conditional logic: each zone has a geographic boundary and a list of prohibited conduct","Straightforward prohibitions without nested exceptions or complex qualifiers","Geographic coordinates are precise but mechanically listed rather than legally complex"],"plain_english_summary":"This law establishes protected exclusion and restricted zones around 26 significant ship and aircraft wrecks in Australian waters, banning activities like anchoring, diving, fishing and in some sites outright entry to prevent damage and unauthorised interference. \n\nIt affects boaters, fishers, divers and commercial operators near those wrecks — including HMAS Sydney II, Kormoran, AHS Centaur and USS Lexington — and extends protection from the seabed up to 152 metres above sea level, limiting low-flying aircraft."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"This instrument does not amend or broaden the Underwater Cultural Heritage Act itself; it exercises the declaration power granted by the Act (Authority, s3) to identify specific protected zones and list prohibited conduct for each (Schedule 1). It sets a commencement date and 12‑year duration (s2), defines the geodetic datum used for coordinates (s4), and specifies vertical extent (Schedule final paragraph). The instrument therefore implements site‑specific restrictions under existing statutory authority rather than changing the Act's scope."},"complexity_factors":["Number and geographic spread of zones (many sites across Australian waters in Schedule 1) increases mapping and notification complexity.","Variation in prohibited conduct between zones (e.g. entry bans, banning 'allowing a vessel to become stationary', underwater activities generally or only within 200m of seabed, fishing bans, release/deposit bans) requires site‑specific operational rules.","Different radii (50 m up to 3,200 m) and precise coordinate requirements using WGS84 datum (Definitions, s4) demand accurate navigation and charting.","Temporal limit and commencement: fixed 12‑year duration from 1 July 2019 (s2) creates a timebound regulatory regime needing renewal or revocation planning.","Legal basis and ministerial exercise: made under s20(1) of the Act (Authority, s3), so enforcement and permitted exceptions depend on powers and processes in the parent Act.","Inclusion of vertical extent: instrument explicitly includes airspace to 152 m above mean sea level and waters/seabed/subsoil beneath the surface (final Schedule paragraph), complicating overlap with aviation, fishing and seabed activities.","Operational compliance burden on affected users (commercial fishers, shipping, recreational vessels, diving operations) due to differing prohibitions and potential enforcement actions."],"plain_english_summary":"This instrument uses the Minister's power under the Underwater Cultural Heritage Act 2018 to declare multiple circular marine areas as protected zones, specifying coordinates, radii and prohibited activities for each site. It creates legal restrictions for vessel operators, fishers, divers and others using the airspace, surface waters, seabed or subsoil inside those circles and lasts 12 years. It matters because it converts identified wrecks and aircraft sites into enforceable no‑go or restricted areas with concrete operational and compliance consequences for users in those locations."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/underwater-cultural-heritage-act-2018-protected-zones-declaration-instrument-2019","history":"/api/acts/underwater-cultural-heritage-act-2018-protected-zones-declaration-instrument-2019/history","analysis":"/api/acts/underwater-cultural-heritage-act-2018-protected-zones-declaration-instrument-2019/analysis","conflicts":"/api/acts/underwater-cultural-heritage-act-2018-protected-zones-declaration-instrument-2019/conflicts","importantCases":"/api/acts/underwater-cultural-heritage-act-2018-protected-zones-declaration-instrument-2019/important-cases","documents":"/api/acts/underwater-cultural-heritage-act-2018-protected-zones-declaration-instrument-2019/documents"}}