4Meaning of *historic shipwreck*

4 Meaning of *historic shipwreck* (1) Subject to subsection (5), a ***historic shipwreck*** is a shipwreck that has been situated in Victorian waters— (a) for 75 years or more; or (b) for the number of years specified under proclamation under section 6 (a ***proclaimed number of years***). (2) Subsection (1) applies whether or not the existence or location of the shipwreck is presently known. (3) In addition but subject to subsection (5), a shipwreck that has been removed from Victorian waters at any time becomes a ***historic shipwreck***— (a) 75 years after the likely date that the shipwreck first came to rest on the sea-bed; or (b) if there is a number of years specified under proclamation under section 6, the proclaimed number of years after the likely date the shipwreck first came to rest on the sea-bed. (4) Subsection (3) does not apply to a shipwreck that has been salvaged or recovered if the salvage or recovery was not contrary to any law in force at the time it occurred. (5) A shipwreck is not a ***historic shipwreck*** if it is— (a) a shipwreck specified under proclamation under subsection (6); or (b) a shipwreck of a class specified under proclamation under subsection (6). (6) The Governor in Council, by proclamation published in the Government Gazette, may specify a shipwreck, or a shipwreck of a specified class, is not a historic shipwreck.