{"id":"C2018A00086","name":"Underwater Cultural Heritage (Consequential and Transitional Provisions) Act 2018","slug":"underwater-cultural-heritage-consequential-and-transitional-provisions-act-2018","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"86 of 2018","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":436301,"registerId":"C2018A00086-fast-fetch-1775953541747","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Underwater Cultural Heritage (Consequential and Transitional Provisions) Act 2018","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.png)\n\n \n\n \n\n \n\n \n\n \n\n \n\nUnderwater Cultural Heritage (Consequential and Transitional Provisions) Act 2018\n\n \n\nNo. 86, 2018\n\n \n\n \n\n \n\n \n\n \n\nAn Act to deal with consequential and transitional matters arising from the enactment of the Underwater Cultural Heritage Act 2018, and for related purposes\n\n \n\n \n\nContents\n\n1 Short title\n\n2 Commencement\n\n3 Schedules\n\nSchedule 1—Repeals and amendments\n\nPart 1—Repeal of the Historic Shipwrecks Act 1976\n\nHistoric Shipwrecks Act 1976\n\nPart 2—Consequential amendments\n\nAustralian Heritage Council Act 2003\n\nNavigation Act 2012\n\nProtection of the Sea (Powers of Intervention) Act 1981\n\nSea Installations Act 1987\n\nSchedule 2—Transitional provisions\n\n \n\n![Commonwealth Coat of Arms of Australia](image.001.png)\n\n \n\n \n\nUnderwater Cultural Heritage (Consequential and Transitional Provisions) Act 2018\n\nNo. 86, 2018\n\n \n\n \n\n \n\nAn Act to deal with consequential and transitional matters arising from the enactment of the Underwater Cultural Heritage Act 2018, and for related purposes\n\n[Assented to 24 August 2018]\n\nThe Parliament of Australia enacts:\n\n1  Short title\n\n  This Act is the Underwater Cultural Heritage (Consequential and Transitional Provisions) Act 2018.\n\n2  Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- 1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table The day this Act receives the Royal Assent. 24 August 2018\n- 2. Schedules 1 and 2 At the same time as section 3 of the Underwater Cultural Heritage Act 2018 commences.However, the provisions do not commence at all if that section does not commence. 1 July 2019\n\n\nNote: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\n3  Schedules\n\n  Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.\n\nSchedule 1—Repeals and amendments\n\nPart 1—Repeal of the Historic Shipwrecks Act 1976\n\nHistoric Shipwrecks Act 1976\n\n1  The whole of the Act\n\nRepeal the Act.\n\nPart 2—Consequential amendments\n\nAustralian Heritage Council Act 2003\n\n2  Subparagraph 5(d)(v)\n\nOmit “historic shipwrecks”, substitute “underwater cultural heritage”.\n\nNavigation Act 2012\n\n3  Subsection 14(1) (definition of historic wreck)\n\nRepeal the definition, substitute:\n\nhistoric wreck means:\n\n (a) remains or articles covered by paragraph 16(1)(a) or (b) of the Underwater Cultural Heritage Act 2018; or\n\n (b) remains or articles covered by a declaration made in relation to item 1 or 2 of the table in subsection 17(5) of that Act; or\n\n (c) remains or articles covered by a provisional declaration made in relation to item 1 or 2 of the table in subsection 19(5) of that Act.\n\nProtection of the Sea (Powers of Intervention) Act 1981\n\n4  Subsection 5(2)\n\nRepeal the subsection, substitute:\n\n (2) Nothing in the Underwater Cultural Heritage Act 2018 affects the operation of this Act.\n\nSea Installations Act 1987\n\n5  Subsection 4(1) (definition of excluded wreck)\n\nRepeal the definition.\n\n6  Subsection 4(1)\n\nInsert:\n\nexcluded wreckage means:\n\n (a) remains or articles covered by subsection 16(1) of the Underwater Cultural Heritage Act 2018; or\n\n (b) remains or articles covered by a declaration made under subsection 17(1), 18(1) or 19(1) of that Act; or\n\n (c) a wreck described in paragraph 238(1)(b) of the Navigation Act 2012.\n\n7  Subsection 4(1) (paragraph (h) of the definition of sea installation)\n\nOmit “an excluded wreck”, substitute “excluded wreckage”.\n\nSchedule 2—Transitional provisions\n\n \n\n1  Definitions\n\n(1) In this Schedule:\n\ncommencement day means the day on which the new Act commences.\n\nnew Act means the Underwater Cultural Heritage Act 2018.\n\nold Act means the Historic Shipwrecks Act 1976, as in force immediately before the commencement day.\n\n(2) Expressions used in this Schedule that are defined for the purposes of the new Act, and used in relation to the new Act, have the same meaning as in the new Act.\n\n(3) Expressions used in this Schedule that are defined for the purposes of the old Act, and used in relation to the old Act, have the same meaning as in the old Act.\n\n2  Section 4A declarations in relation to shipwrecks\n\n(1) This item applies in relation to the remains of ships that were covered by a declaration under subsection 4A(1) or (2) of the old Act immediately before the commencement day.\n\n(2) To avoid doubt, the remains are covered by paragraph 16(1)(a) of the new Act.\n\n3  Section 4A declarations in relation to relics\n\n(1) This item applies in relation to articles that were covered by a declaration under subsection 4A(6) or (7) of the old Act immediately before the commencement day.\n\n(2) To avoid doubt, the articles are covered by paragraph 16(1)(b) of the new Act.\n\n4  Transition of section 5 declarations in relation to shipwrecks and relics\n\n(1) This item applies in relation to a declaration that was in force under section 5 of the old Act immediately before the commencement day in relation to:\n\n (a) the remains of a ship; or\n\n (b) a particular article.\n\n(2) The declaration is taken, on and after the commencement day, to be a declaration in relation to the remains or the article (as the case may be) made under subsection 17(1) of the new Act.\n\n5  Transition of provisional declarations in relation to shipwrecks and relics\n\n(1) This item applies in relation to a declaration that was in force in relation to an article under section 6 of the old Act immediately before the commencement day.\n\n(2) The declaration is taken, on and after the commencement day, to be a declaration in relation to the article made under subsection 19(1) of the new Act.\n\n6  Transition of notices about possession etc. of articles\n\n(1) This item applies if, before the commencement day, a person had given the prescribed notice in relation to an article under section 9 of the old Act.\n\n(2) The Minister is taken to have granted a permit to the person under section 23 of the new Act in relation to the article.\n\n(3) For the purposes of subsection 23(5) of the new Act, the following things are taken to be specified in the permit:\n\n (a) the article referred to in subitem (1);\n\n (b) that the permit applies to the person;\n\n (c) the conduct authorised is the possession, custody and control of the article;\n\n (d) that the permit comes into force on the commencement day and remains in force indefinitely, unless:\n\n (i) the permit is varied under section 25 of the new Act to specify an expiry date; or\n\n (ii) the permit is suspended or revoked under section 26 of the new Act;\n\n (e) that the permit includes a condition that it is non‑transferable;\n\n (f) if, immediately before the commencement day:\n\n (i) particulars of the article were included in the Register of Historic Shipwrecks; and\n\n (ii) a unique identifier was allocated to the article in the Register;\n\n  that the permit number is the unique identifier.\n\n7  Notices about location of articles\n\nTransitioning notices given before commencement\n\n(1) Subitem (2) applies if:\n\n (a) a notice had been given to a person under subsection 10(1) of the old Act before the commencement day; and\n\n (b) the notice had not been complied with before that day.\n\n(2) The notice is taken to have been given, on the day it was given, to the person under subsection 38(2) of the new Act.\n\n(3) If the period for compliance specified in the notice is less than 21 days after the notice was given to the person, the notice is taken to specify that it must be complied with within 21 days, starting on the day the notice was given to the person.\n\nNotice may be given under new Act regardless of when possession etc. began\n\n(4) The Minister may give a notice to a person in relation to an article under section 38 of the new Act whether the person obtained, or is reasonably believed to have obtained, possession, custody or control of the article before, on or after the commencement day.\n\n8  Directions about custody etc. of articles\n\nTransitioning notices given before commencement\n\n(1) Subitem (2) applies if a notice had been given to a person under subsection 11(1) of the old Act before the commencement day requiring a person to take action in relation to an article.\n\n(2) On and after that day, the notice has effect in relation to the article as if it had been given by the Minister under subsection 39(1) of the new Act.\n\nNotice may be given under new Act regardless of when possession etc. began\n\n(3) The Minister may give a direction to a person in relation to an article of protected underwater cultural heritage under section 39 of the new Act whether the person obtained possession, custody or control of the article before, on or after the commencement day.\n\n9  Pending applications for permits are taken to have been refused\n\nIf an application for a permit under section 15 of the old Act was pending immediately before the commencement day, the application is taken, on the commencement day, to have been refused by the Minister.\n\n10  Transition of permits for exploration or recovery of articles\n\n(1) This item applies to a permit (the old permit) that was in force under section 15 of the old Act immediately before the commencement day.\n\n(2) The old permit is taken, on and after the commencement day, to be a permit (the new permit) granted under section 23 of the new Act.\n\n(3) The conduct authorised by the old permit is taken to be the conduct authorised by the new permit.\n\n(4) If the old permit was granted subject to one or more conditions, the conditions have effect as if they were imposed by the Minister on the new permit under paragraph 24(1)(b) of the new Act.\n\n(5) The new permit ceases to be in force on the day the old permit would have ceased to be in force, unless the new permit is earlier revoked under section 26 of the new Act.\n\n11  Continuation of register\n\n(1) The register that was:\n\n (a) kept under section 12 of the old Act; and\n\n (b) known before the commencement day as the Register of Historic Shipwrecks;\n\ncontinues in existence under section 48 of the new Act.\n\n(2) The Minister may make any changes to the register that the Minister considers appropriate because of the operation of subitem (1).\n\n12  Evidentiary certificates\n\nDespite the repeal of section 29 of the old Act, that section continues to apply, in relation to a certificate given before the commencement day, as if that repeal had not happened.\n\n \n\n \n\n \n\n \n\n[Minister’s second reading speech made in—\n\nHouse of Representatives on 28 March 2018\n\nSenate on 27 June 2018]\n\n \n\n(77/18)\n\n \n","sortOrder":0}],"analysis":{"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":false,"description":"This Act does not expand the substantive scope of Australian law on underwater cultural heritage; it is a consequential and transitional instrument to implement the Underwater Cultural Heritage Act 2018. Its principal substantive effects are administrative: repeal of the Historic Shipwrecks Act 1976 and conversion of existing instruments into the new statutory framework. The only materially consequential choice in transition is the treatment of pending permit applications as refused (Schedule 2, item 9), but that is a transitional device rather than a lasting expansion of the subject‑matter regulated."},"complexity_factors":["Short Act primarily composed of two Schedules (repeals/amendments; transitional provisions)","Multiple cross‑references to specific provisions of the Underwater Cultural Heritage Act 2018 (e.g. ss 16(1), 17, 19) and to old Act provisions (Historic Shipwrecks Act s 4A, s 5, s 6, s 9–12)","Several distinct transitional conversions (declarations, provisional declarations, permits, notices, directions, register, evidentiary certificates)","One broadly impactful and unconditional transitional rule (pending permit applications are taken to be refused — Schedule 2, item 9)","Ministerial discretion preserved in several items (power to vary register, convert/modify permits, and issue notices/directions)","Nested mapping rules (e.g., old specific subsection statuses mapped to multiple new subsections; items 2–6, 7–8 show layering)","Amendments across four other Acts requiring readers to consult those statutes to see full operational effects"],"plain_english_summary":"**What this Act does (mechanically)\n\n- Repeals the Historic Shipwrecks Act 1976 and maps existing legal instruments, records and permissions across into the new Underwater Cultural Heritage Act 2018 framework (Schedule 1, Part 1; Schedule 2).  \n- Amends several other Commonwealth Acts so they refer to the new Underwater Cultural Heritage Act and its definitions instead of the repealed historic‑shipwrecks framework (Schedule 1, Part 2: Australian Heritage Council Act 2003; Navigation Act 2012; Protection of the Sea (Powers of Intervention) Act 1981; Sea Installations Act 1987).  \n- Establishes transitional rules that convert old declarations, provisional declarations, permits, notices, directions and the Register of Historic Shipwrecks into their equivalents under the new Act (Schedule 2, items 2–12).  \n- Treats any permit application that was still pending under the old Act as refused on commencement day (Schedule 2, item 9).\n\nWho the changes affect\n\n- Individuals and organisations who held permits or had given or received notices, directions or declarations about shipwrecks, relics or other underwater cultural heritage under the Historic Shipwrecks Act 1976 (Schedule 2, items 2–10).  \n- People who possess, have custody of, or control articles that were covered by notices under the old Act — the Minister may give new notices or directions under the new Act regardless of when possession began (Schedule 2, items 7(4) and 8(3)).  \n- The Minister and Commonwealth administrators who manage the Register and grant, vary, suspend or revoke permits (Schedule 2, items 6, 10, 11).  \n- Users of other Commonwealth laws that cross‑refer to protected wrecks (these laws are amended to use the new Act's definitions — Schedule 1, Part 2).\n\nWhy it matters (official purpose and practical effect)\n\n- The stated purpose is to make consequential and transitional arrangements required by enactment of the Underwater Cultural Heritage Act 2018 so legal protections, records and regulatory steps continue to operate without a gap. Mechanically, the Act preserves existing declarations and many permits by re‑casting them under the new Act (Schedule 2, items 2–6, 10–11), while converting prior notices and directions into their new statutory equivalents (Schedule 2, items 7–8).  \n\nPractical costs, incentives and trade‑offs (what changes, who pays, and what risks are created)\n\n- Who decides: the Minister retains administrative discretion to treat a prior notice as a new notice, to grant/convert permits, to vary permits (including imposing expiry dates), and to make changes to the Register (Schedule 2, items 6, 10, 11). Those executive powers determine ongoing entitlements and conditions.  \n- Who pays and behaviour incentives: holders of existing permits see their permits continue but become subject to the new Act’s permit regime and review powers (Schedule 2, item 10). People who had applied for permits but whose applications were still pending under the old Act lose their pending status — their application is taken to be refused on commencement (Schedule 2, item 9). That is a direct cost to those applicants (time, fees, lost opportunity) and creates an incentive to re‑apply under the new scheme.  \n- Compliance burden and uncertainty: notices and directions that were issued but not complied with before commencement are ported over but may have their compliance period extended to at least 21 days (Schedule 2, item 7(2)–(3)). The Minister can also issue fresh notices or directions regardless of when possession began (Schedule 2, items 7(4), 8(3)), which widens the circumstances under which people may be required to act after commencement.  \n- Administrative/implementation risks: the Minister may make what the Minister considers appropriate changes to the continuing Register (Schedule 2, item 11). That discretion, together with the power to vary or revoke permits under the new Act, creates an implementation risk for holders who relied on the old permit terms.  \n- Legal continuity vs. legal change: the Act preserves evidentiary certificates given before commencement (Schedule 2, item 12) and keeps the Register in existence (Schedule 2, item 11), which supports continuity of rights and records. However, the blanket refusal of pending applications (Schedule 2, item 9) is a substantive transitional rule that extinguishes pending administrative expectations and requires new applications under the new regime.\n\nCross‑references and concrete mechanics to note (where to look in the Act)\n\n- Repeal of the old Act: Schedule 1, Part 1, item 1.  \n- Replacement of references in other laws and the new definition of “historic wreck”: Schedule 1, Part 2 (items 2–7), including Navigation Act 2012 amendment (item 3) and Sea Installations Act 1987 amendments (items 5–7).  \n- Transitional mapping of former declarations and provisional declarations into the new Act’s declaration provisions: Schedule 2, items 2–5.  \n- Conversion of old permits into new permits and transfer of conditions: Schedule 2, item 10.  \n- Pending applications deemed refused: Schedule 2, item 9.  \n- Register continuation and Ministerial power to change it: Schedule 2, item 11.  \n- Continuation of evidentiary certificates issued before commencement: Schedule 2, item 12.\n\nSummary statement\n\nMechanically, this Act is an implementation tool: it removes the old Historic Shipwrecks Act 1976 from the statute book, aligns other Commonwealth laws with the new Underwater Cultural Heritage Act 2018, and translates existing declarations, permits, notices and registers into the new legal framework. Key practical effects are continuity for many existing permits and records (but subject to the new Act’s powers) and the immediate refusal of any permit applications that had not been decided under the old Act (Schedule 2, item 9). The Minister retains substantial administrative discretion to vary, suspend or revoke permits and to alter the Register (Schedule 2, items 6, 10, 11), which is the principal operational lever for change after commencement."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains tightly scoped to its original purpose of consequential and transitional matters arising from the enactment of the Underwater Cultural Heritage Act 2018. It does not expand beyond this housekeeping function."},"complexity_factors":["Multiple cross-references to the new Underwater Cultural Heritage Act 2018 (sections 16, 17, 18, 19, 23, 25, 26, 38, 39, 48)","Conditional commencement provisions with dependencies on another Act's commencement date","Dual definition systems maintaining parallel meanings for old and new Act terms (Schedule 2, item 1)","Transitional provisions requiring mapping of old Act mechanisms to new Act equivalents (e.g., section 4A declarations → paragraph 16(1)(a), section 5 declarations → section 17(1))","Specific evidentiary savings clause preserving pre-commencement certificates despite repeal","Nested conditions in permit transitions (item 6 specifies 6 separate deemed conditions)","Temporal jurisdiction clauses allowing new Act powers regardless of when possession began (items 7(4) and 8(3))"],"plain_english_summary":"This legislation is a 'clean-up' law that makes sure the switch from old shipwreck protection rules to new ones happens smoothly.\n\n**What it does:**\n- **Repeals the old law:** It scraps the *Historic Shipwrecks Act 1976* entirely.\n- **Updates other laws:** It changes references in four other Acts (*Australian Heritage Council Act*, *Navigation Act*, *Protection of the Sea Act*, and *Sea Installations Act*) so they point to the new *Underwater Cultural Heritage Act 2018* instead of the old shipwreck law.\n- **Handles the handover:** It sets rules for what happens to existing permits, declarations, registers, and applications when the new law takes over. For example:\n  - Old permits automatically become new permits\n  - The old shipwreck register keeps going under the new law\n  - Pending applications are treated as refused\n  - People who already notified the government about having shipwreck items get automatic permission to keep them\n\n**Who it affects:**\n- People who hold permits for exploring or recovering shipwrecks\n- People who own or control shipwreck artifacts\n- Maritime heritage professionals and museums\n- Anyone dealing with underwater cultural heritage in Australian waters\n\n**Why it matters:**\nWithout this law, there would be a legal mess when the old Act was repealed. Permits might become invalid, registers might disappear, and people wouldn't know if they were still allowed to possess artifacts. This ensures continuity and legal certainty during the transition."}},"importantCases":[],"_links":{"self":"/api/acts/underwater-cultural-heritage-consequential-and-transitional-provisions-act-2018","history":"/api/acts/underwater-cultural-heritage-consequential-and-transitional-provisions-act-2018/history","analysis":"/api/acts/underwater-cultural-heritage-consequential-and-transitional-provisions-act-2018/analysis","conflicts":"/api/acts/underwater-cultural-heritage-consequential-and-transitional-provisions-act-2018/conflicts","importantCases":"/api/acts/underwater-cultural-heritage-consequential-and-transitional-provisions-act-2018/important-cases","documents":"/api/acts/underwater-cultural-heritage-consequential-and-transitional-provisions-act-2018/documents"}}