{"id":"F2019L00096","name":"Underwater Cultural Heritage Rules 2018","slug":"underwater-cultural-heritage-rules-2018","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":439909,"registerId":"F2019L00096-fast-fetch-1775955751862","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Underwater Cultural Heritage Rules 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.jpeg)\n\n \n\nUnderwater Cultural Heritage Rules 2018\n\nI, Melissa Price, Minister for the Environment, make the following rules.\n\nDated 18 December 2018\n\nMelissa Price\n\nMinister for the Environment\n\n \n\n \n\n \n\n \n\nContents\n\nPart 1—Preliminary\n\n1 Name\n\n2 Commencement\n\n3 Authority\n\n4 Definitions\n\nPart 2—Criteria relating to heritage significance\n\n5 Criteria relating to heritage significance\n\nPart 3—Permits\n\n6 Matters to which the Minister must have regard when considering applications\n\n7 Matters that must be specified in permits\n\n8 Varying permits\n\n \n\nPart 1—Preliminary\n\n \n\n1  Name\n\n  This instrument is the Underwater Cultural Heritage Rules 2018.\n\n2  Commencement\n\n (1) Each provision of this instrument 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. The whole of this instrument The later of:(a) the start of the day after this instrument is registered; and(b) the commencement of the Underwater Cultural Heritage Act 2018. 1 July 2019(paragraph (b) applies)\n\n\nNote: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n3  Authority\n\n  This instrument is made under the Underwater Cultural Heritage Act 2018.\n\n4  Definitions\n\nNote: A number of expressions used in this instrument are defined in the Act, including the following:\n\n(a) protected underwater cultural heritage;\n\n(b) protected zone.\n\n  In this instrument:\n\nAct means the Underwater Cultural Heritage Act 2018.\n\nUnderwater Cultural Heritage Convention means the UNESCO Convention on the Protection of the Underwater Cultural Heritage, done at Paris on 2 November 2001, as amended from time to time.\n\nNote: The Convention could in 2018 be viewed on the United Nations Educational, Scientific and Cultural Organisation’s website (http://www.unesco.org).\n\nPart 2—Criteria relating to heritage significance\n\n \n\n5  Criteria relating to heritage significance\n\n (1) This section is made for the purposes of subsection 22(1) of the Act.\n\nNote: In making a declaration under subsection 17(1), 18(1) or 19(1) of the Act, the Minister must have regard to the criteria in this section when assessing whether the Minister is satisfied that an article is of heritage significance (see subsection 22(2) of the Act).\n\n (2) The criteria are as follows:\n\n (a) the significance of the article in the course, evolution or pattern of history;\n\n (b) the significance of the article in relation to its potential to yield information contributing to an understanding of history, technological accomplishments or social developments;\n\n (c) the significance of the article in its potential to yield information about the composition and history of cultural remains and associated natural phenomena through examination of physical, chemical or biological processes;\n\n (d) the significance of the article in representing or contributing to technical or creative accomplishments during a particular period;\n\n (e) the significance of the article through its association with a community in contemporary Australia for social, cultural or spiritual reasons;\n\n (f) the significance of the article for its potential to contribute to public education;\n\n (g) the significance of the article in possessing rare, endangered or uncommon aspects of history;\n\n (h) the significance of the article in demonstrating the characteristics of a class of cultural articles.\n\nPart 3—Permits\n\n \n\n6  Matters to which the Minister must have regard when considering applications\n\n (1) This section is made for the purposes of subsection 23(4) of the Act.\n\nNote: In deciding whether to grant a permit under section 23 of the Act, the Minister must have regard to the matters specified in this section (see subsection 23(4) of the Act).\n\n (2) The Minister must have regard to:\n\n (a) whether the person applying for the permit is a fit and proper person; and\n\n (b) whether each person who will participate in, or otherwise be involved in, the conduct proposed to be authorised by the permit is a fit and proper person.\n\n (3) Without limiting paragraph (2)(a) or (b), the Minister must have regard to the following matters when considering whether a person is a fit and proper person:\n\n (a) whether the person has been convicted of an offence against, or ordered to pay a pecuniary penalty under, any of the following:\n\n (i) the Act;\n\n (ii) the repealed Historic Shipwrecks Act 1976;\n\n (iii) the Protection of Movable Cultural Heritage Act 1986;\n\n (iv) the Customs Act 1901;\n\n (v) the Criminal Code, to the extent that it relates to an Act referred to in any of subparagraphs (i) to (iv);\n\n (vi) the Crimes Act 1914, to the extent that it relates to an Act referred to in any of subparagraphs (i) to (iv);\n\n (b) whether the person has been convicted of an offence against a law of a State or Territory that relates to underwater cultural heritage;\n\n (c) whether the person has been convicted of an offence against a law of a foreign country that relates to underwater cultural heritage;\n\n (d) whether the person is suspected on reasonable grounds of engaging in the supply of unlawfully obtained underwater cultural heritage.\n\n (4) If the conduct proposed to be authorised by the permit will have or is likely to have an adverse impact on protected underwater cultural heritage, the Minister must also have regard to the following matters:\n\n (a) whether the conduct is consistent with the objects of the Act;\n\n (b) relevant government guidelines relating to the protection or management of Australia’s underwater cultural heritage, as in force from time to time;\n\n (c) whether the manner in which the conduct will be undertaken is consistent with the relevant requirements of the Annex to the Underwater Cultural Heritage Convention;\n\n (d) whether appropriate consultation has been undertaken with relevant stakeholders relating to:\n\n (i) shared heritage interests; and\n\n (ii) issues of ownership or sovereignty; and\n\n (iii) obligations under any relevant international conventions, agreements or treaties, as in force from time to time.\n\n (5) If the conduct proposed to be authorised by the permit will take place in a protected zone, the Minister must also have regard to the following matters:\n\n (a) whether the conduct is consistent with the objects of the Act;\n\n (b) whether the conduct will affect any of the matters mentioned in subsection 20(3) of the Act;\n\n (c) relevant government guidelines relating to the protection or management of Australia’s underwater cultural heritage, as in force from time to time;\n\n (d) whether appropriate consultation has been undertaken with relevant stakeholders relating to:\n\n (i) shared heritage interests; and\n\n (ii) issues of ownership or sovereignty; and\n\n (iii) obligations under any relevant international conventions, agreements or treaties, as in force from time to time.\n\nNote: Subsection 20(3) of the Act sets out the matters the Minister must have regard to when declaring an area to be a protected zone.\n\n (6) If the conduct proposed to be authorised by the permit relates to the import or export of protected underwater cultural heritage or foreign underwater cultural heritage, the Minister must also have regard to the following matters:\n\n (a) whether the conduct is consistent with the objects of the Act;\n\n (b) relevant government guidelines relating to the importation or exportation of protected underwater cultural heritage, as in force from time to time;\n\n (c) whether the manner in which the conduct will be undertaken is consistent with the relevant requirements of the Annex to the Underwater Cultural Heritage Convention;\n\n (d) whether appropriate consultation has been undertaken with relevant stakeholders relating to:\n\n (i) shared heritage interests; and\n\n (ii) issues of ownership or sovereignty; and\n\n (iii) obligations under any relevant international conventions, agreements or treaties, as in force from time to time.\n\n (7) If the conduct proposed to be authorised by the permit is the possession, custody or control of protected underwater cultural heritage, the Minister must also have regard to the following matters:\n\n (a) whether the conduct is consistent with the objects of the Act;\n\n (b) relevant government guidelines relating to the possession or supply of protected underwater cultural heritage, as in force from time to time;\n\n (c) whether the manner in which the conduct will be undertaken is consistent with the relevant requirements of the Annex to the Underwater Cultural Heritage Convention;\n\n (d) whether appropriate consultation has been undertaken with relevant stakeholders relating to:\n\n (i) shared heritage interests; and\n\n (ii) issues of ownership or sovereignty; and\n\n (iii) obligations under any relevant international conventions, agreements or treaties, as in force from time to time.\n\n7  Matters that must be specified in permits\n\n (1) This section is made for the purposes of paragraph 23(5)(g) of the Act.\n\nNote: A permit granted under section 23 of the Act must specify matters set out in these Rules (see paragraph 23(5)(g) of the Act).\n\n (2) If a permit granted under section 23 of the Act authorises the possession, custody or control of specified protected underwater cultural heritage, the permit must specify:\n\n (a) any registration number allocated to the protected underwater cultural heritage for the purposes of the register established under section 48 of the Act; and\n\n (b) a description of the protected underwater cultural heritage that is sufficient to allow it to be identified; and\n\n (c) details of the ownership of the protected underwater cultural heritage (if known).\n\n8  Varying permits\n\n (1) This section is made for the purposes of subsection 25(3) of the Act.\n\nNote: In deciding whether to vary a permit under section 25 of the Act, the Minister must have regard to the matters specified in this section (see subsection 25(3) of the Act).\n\n (2) In deciding whether to vary a permit granted under section 23 of the Act, the Minister must have regard to:\n\n (a) whether the conduct that would be authorised by the permit, as varied:\n\n (i) would be consistent with the objects of the Act; and\n\n (ii) would be consistent with the relevant requirements of the Annex to the Underwater Cultural Heritage Convention; and\n\n (b) relevant government guidelines relating to the protection or management of Australia’s underwater cultural heritage, as in force from time to time; and\n\n (c) whether appropriate consultation has been undertaken with relevant stakeholders relating to:\n\n (i) shared heritage interests; and\n\n (ii) issues of ownership or sovereignty; and\n\n (iii) obligations under any relevant international conventions, agreements or treaties, as in force from time to time.\n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original intent as a standard legislative instrument made under the Underwater Cultural Heritage Act 2018. It provides the detailed criteria and permit procedures contemplated by the parent Act without significant expansion beyond that enabling purpose."},"complexity_factors":["Short length (8 sections across 3 Parts)","Minimal defined terms (only 2 explicit definitions in section 4, plus references to Act definitions)","Straightforward structure mirroring the parent Act's divisions","Some conditional logic in sections 6 and 8 (multiple 'if-then' scenarios for different permit types)","Cross-references to parent Act (Underwater Cultural Heritage Act 2018) and UNESCO Convention, but these are clearly signposted","No nested exceptions or highly technical procedural requirements"],"plain_english_summary":"This law sets out how the Australian Government identifies and protects underwater cultural heritage—shipwrecks, sunken aircraft and other submerged sites—by establishing heritage significance criteria, permitting rules, criminal-history checks for applicants, stronger controls in protected zones, and adherence to UNESCO standards.\n\nIt affects maritime archaeologists, museums, commercial salvors, recreational divers and anyone importing or exporting underwater heritage, balancing research and public access with preservation and Australia’s international obligations."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"This instrument operationalises the Underwater Cultural Heritage Act 2018 by specifying assessment criteria and permit‑related matters. It does not expand the statutory scope of protection beyond the Act; rather it translates statutory powers and duties into procedural factors and permit content. No provisions in these Rules broaden who or what the Act covers or add new categories of protected items; they set decision factors, required permit information and consultation expectations consistent with the Act and the UNESCO Annex."},"complexity_factors":["Short instrument with 4 operative Parts (Preliminary, Criteria, Permits) and 8 Rules","Multiple cross-references to the Underwater Cultural Heritage Act 2018 (e.g. subsections 17(1), 22(1), 23(4), 23(5)(g), 25(3))","Repeated conditional branches depending on type of conduct (adverse impact; in a protected zone; import/export; possession) in Rules 6(4)–(7)","Several external references incorporated by reference: government guidelines (variable over time) and the Annex to the UNESCO Convention (technical standard)","One multi-factor ‘fit and proper person’ test with nested sub-criteria including convictions under six named laws and offences in other jurisdictions (Rule 6(3))","Permit content prescription limited to possession/custody/control cases (Rule 7) — narrow but precise requirements (registration number, description, ownership)","Varying permits repeats many of the same complex considerations, creating near-duplication of decision logic (Rule 8)","Dependence on undefined administrative phrases (e.g. “appropriate consultation”, “relevant stakeholders”, “as in force from time to time”) which increase interpretive complexity"],"plain_english_summary":"**What this instrument does (mechanically)**\n\n- It sets the tests and operational rules the Minister for the Environment must use under the Underwater Cultural Heritage Act 2018 when declaring and managing underwater cultural heritage and when deciding permit applications.\n- Specifically, it:  \n  - Defines the heritage-significance criteria the Minister must consider when deciding whether an underwater object is ‘protected’ (Rule 5).  \n  - Lists the matters the Minister must have regard to when deciding whether to grant a permit to disturb, possess, import/export, or otherwise deal with underwater cultural heritage (Rule 6).  \n  - Requires certain information to be recorded in permits that authorise possession, custody or control of protected items (Rule 7).  \n  - Sets matters the Minister must consider before varying an existing permit (Rule 8).\n\n(References: Rules 5–8.)\n\n**Who this affects**\n\n- People or entities applying for permits to survey, recover, possess, transport (including import/export), or otherwise deal with underwater cultural heritage.  \n- Any person who currently has or seeks custody, possession or control of protected underwater cultural heritage (e.g. collectors, museums, commercial salvors).  \n- Stakeholders who may be consulted about shared heritage interests, ownership or sovereignty (including communities, States/Territories and parties to international conventions).  \n- The Minister (or delegate) — the decision-maker who must apply the listed criteria.\n\n(See Rules 6(2)–(7) and 8(2).)\n\n**Why it matters (stated purpose and practical effect)**\n\n- The Rules operationalise the Act by turning broad statutory obligations into concrete assessment points and mandatory permit content. The Rules therefore determine how tightly the Minister’s discretion is exercised in practice and what applicants must show to obtain or vary permits.\n\n- The Rules say the Minister must have regard to: the applicant’s fitness (criminal or penalty history relevant to cultural heritage laws); consistency with the objects of the Act; relevant government guidelines; compliance with the Annex to the UNESCO Underwater Cultural Heritage Convention; and whether appropriate consultation has occurred (Rules 6(2)–(7), 8(2)).\n\n**Key mechanical consequences and behaviour changes**\n\n- Applicants must expect checks on their suitability. The Minister must consider whether the applicant or participants have past convictions or penalties under the Act and a list of related laws (Rule 6(3)(a)–(c)). A suspicion of dealing in unlawfully obtained items is also a factor (Rule 6(3)(d)).\n\n- If an activity may adversely affect protected heritage, take place in a protected zone, involve import/export, or involve possession, the Minister must additionally consider consistency with the Act’s objects, government guidelines, the UNESCO Annex, and whether appropriate consultation has taken place (Rules 6(4)–(7)). That creates extra documentary and consultation expectations for higher‑risk activities.\n\n- Permits that authorise possession, custody or control must identify the item (including any registration number), describe it sufficiently for identification, and record ownership details if known (Rule 7(2)). That increases record‑keeping and traceability for permitted holdings.\n\n- When a permit is varied, the Minister must re‑assess consistency with the Act and the UNESCO Annex, relevant guidelines, and whether consultation has been undertaken (Rule 8(2)).\n\n**Who pays / who decides**\n\n- The Minister (or the Minister’s delegate) decides whether to grant or vary permits and what conditions to attach (Rules 6 and 8).  \n- Applicants bear the cost of preparing applications, satisfying fitness checks, consulting relevant stakeholders, and meeting permit content and record obligations (Rule 7). A regulated person in possession of protected items must maintain identifying information as a permit condition.\n\n**Incentives, trade-offs and implementation risks (testing the official purpose against costs and practicalities)**\n\n- The Rules create incentives for applicants to document chains of custody, avoid past non‑compliance and undertake consultations before applying, because those matters are specifically listed as decision factors (Rules 6(2)–(7), 7(2)). That raises compliance costs for commercial operators and collectors.\n\n- The repeated requirement to have regard to “relevant government guidelines … as in force from time to time” (Rules 6(4)(b), 6(5)(c), 6(6)(b), 6(7)(b), 8(2)(b)) builds in ongoing executive discretion. This makes the practical standard for approval depend partly on administrative guidance that can change without amendment to the Rules themselves.\n\n- The instrument cross‑references the Annex to the UNESCO Convention repeatedly (Rules 6(4)(c), 6(6)(c), 6(7)(c), 8(2)(a)(ii)). That demands applicants align methods with international archeological/heritage standards where applicable, which may raise technical and cost thresholds for permitted activity (surveys, recovery, conservation).\n\n- Consultation requirements are repeated across permit types (Rules 6(4)(d), 6(5)(d), 6(6)(d), 6(7)(d), 8(2)(c)). This channels stakeholder input into decisions; it also imposes time and resource costs on applicants and opens decision-making to the views of multiple parties (communities, States/Territories, international arrangements).\n\n- The Rules do not create a blanket prohibition on activity; they set matters the Minister must consider. The phrase “must have regard to” is directive but not an absolute veto or mandatory outcome — the Minister retains judgment in weighing those matters (see Rules 6 and 8). This leaves scope for case-by-case balancing.\n\n**Concrete examples of effects**\n\n- A commercial salvager seeking to recover a wreck in a protected zone will need to show fitness, follow government guidelines, demonstrate methods consistent with the UNESCO Annex, and evidence stakeholder consultation. The permit, if granted, must identify recovered items (Rules 6, 7).  \n- A museum importing an underwater cultural object must expect the Minister to consider international obligations, guidelines, and ownership/sovereignty issues and to require identifying information on the permit (Rules 6(6), 7(2)).\n\n**What to watch for in practice**\n\n- Which government guidelines are in force at any time, because they are expressly incorporated by reference (Rules 6 and 8).  \n- How the Minister interprets “fit and proper person” in light of convictions in multiple jurisdictions (Rule 6(3)).  \n- The evidentiary standard and timing for “appropriate consultation” — the Rules require it as a factor but do not prescribe the form or depth of consultation (Rules 6(4)(d), 6(5)(d), 6(6)(d), 6(7)(d), 8(2)(c)).\n\n(Primary rule references: Rules 5–8. The Rules are made under the Underwater Cultural Heritage Act 2018 and repeatedly reference the Annex to the UNESCO Underwater Cultural Heritage Convention.)"},"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-rules-2018","history":"/api/acts/underwater-cultural-heritage-rules-2018/history","analysis":"/api/acts/underwater-cultural-heritage-rules-2018/analysis","conflicts":"/api/acts/underwater-cultural-heritage-rules-2018/conflicts","importantCases":"/api/acts/underwater-cultural-heritage-rules-2018/important-cases","documents":"/api/acts/underwater-cultural-heritage-rules-2018/documents"}}