51Movement, damage or destruction of historic shipwrecks

51 Movement, damage or destruction of historic shipwrecks

51 Movement, damage or destruction of historic shipwrecks

(1) A person must not move, damage or destroy any historic shipwreck otherwise than in accordance with a historic shipwrecks permit.

(2) This section does not apply to a historic shipwreck that is subject to an interim heritage order made by the Minister or a listing on the State Heritage Register.

(3) This section does not prevent a person from moving, damaging or destroying a historic shipwreck situated in any land in accordance with an excavation permit in force in respect of that land.

(4) It is a defence to proceedings for an offence under this section if the defendant establishes that the act giving rise to the offence was done for the purpose of—

(a) saving human life, or

(b) securing the safety of a ship where the ship was endangered by stress of weather or by navigational hazards, or

(c) dealing with an emergency involving a serious threat to the environment.

pt 3C, divs 1–3 (ss 47–52): Ins 2001 No 65, Sch 1 [4].