69Duration of provisional registration

69 Duration of provisional registration (1) A determination under section 68 remains in force for 12 months from the date the notice is published in the Government Gazette, unless revoked earlier by the Executive Director or by the registration in the Heritage Register of the place or object as— (a) a registered shipwreck; or (b) a registered shipwreck artefact; or (c) a registered archaeological place; or (d) a registered archaeological artefact. (2) The Executive Director, by notice published in the Government Gazette, may extend a determination under this section for any further period of 12 months that the Executive Director considers necessary. Division 2—Shipwrecks and shipwreck artefacts 70 Notice of location of registered shipwrecks, historic shipwrecks, registered shipwreck artefacts and historic shipwreck artefacts (1) A person who obtains possession of a registered shipwreck, historic shipwreck, registered shipwreck artefact or historic shipwreck artefact must give written notice to the Executive Director of the item's description and location within 7 days after obtaining possession of the item. (2) A person who possesses an item which becomes a registered shipwreck or registered shipwreck artefact must give written notice to the Executive Director of the item's description and location within 7 days after the item is registered. (3) A person who possesses an item which becomes a historic shipwreck or historic shipwreck artefact must notify the Executive Director in writing of the item's description and location within 7 days after the item becomes an historic shipwreck or historic shipwreck artefact. (4) Subsection (1) or (2) do not apply if the person did not know, and had no reasonable grounds for believing, that the item was included in the Heritage Register. (5) Subsection (1) or (3) does not apply if the person did not know, and had no reasonable grounds for believing, that the item was or had become a historic shipwreck or historic shipwreck artefact. 71 Powers to ascertain location of registered shipwrecks, historic shipwrecks, registered shipwreck artefacts and historic shipwreck artefacts (1) The Executive Director may give written notice to a person if it appears to the Executive Director that— (a) the person may have, or may have had, possession of an item; and (b) the item is, or may be, a registered shipwreck, historic shipwreck, registered shipwreck artefact or historic shipwreck artefact. (2) A notice under subsection (1) may require the person to whom it is given— (a) to inform the Executive Director whether the person has, or has had, possession of the item; and (b) if the person has ceased to have possession of the item, to give the Executive Director particulars of the circumstances in which the person ceased to have possession of the item; and (c) if the person has transferred possession, custody or control of the item to another person, to give the Executive Director the name and address of the person to whom possession, custody or control of the item was transferred. (3) A person to whom notice is given under section (1) must not— (a) refuse or fail to comply with the notice to the extent that the person is capable of complying with it; or (b) in purported compliance with the notice, knowingly provide information that is false or misleading. 72 Directions powers in relation to custody of registered shipwrecks, historic shipwrecks, registered shipwreck artefacts and historic shipwreck artefacts (1) If a person has possession of a registered shipwreck, historic shipwreck, registered shipwreck artefact or historic shipwreck artefact, the Executive Director, by notice in writing, may require the person to take any action in relation to the item that is specified in the notice for the purposes of— (a) the conservation of the item; or (b) exhibiting or providing access to the item. (2) The action that a person may be required to take in relation to an item by a notice under subsection (1) includes the following— (a) keeping the item in a particular manner or place; (b) removing the item to a particular place within a particular time; (c) doing a particular act in relation to the item within a particular time, being an act designed to assist in the conservation of the item; (d) making the item available for inspection within a particular time and for the periods specified in the notice; (e) delivering the item into the custody of a particular person for the purpose of operations designed to conserve the item or for the purpose of public exhibition. (3) A notice given under subsection (1) does not prevent the giving of further notices under that subsection in relation to the same item. (4) A person to whom a notice is given by the Executive Director under subsection (1) must comply with the notice. (5) A civil action does not lie against a person in respect of any action taken by the person pursuant to a notice given to the person under subsection (1). 73 Offence to remove registered shipwrecks, historic shipwrecks, registered shipwreck artefacts and historic shipwreck artefacts from the State S. 73(1) substituted by No. 5/2023 s. 55(1). (1) A person must not remove any registered shipwreck, historic shipwreck, registered shipwreck artefact or historic shipwreck artefact from the State otherwise than in accordance with— (a) an action required under section 72; or (b) any terms and conditions of a permit issued by the Executive Director under section 77. S. 73(2) amended by No. 5/2023 s. 55(2). (2) An item removed from the State other than in accordance with an action required under section 72 or a permit issued by the Executive Director under section 77 is forfeited to the Crown. (3) Subsection (1) does not apply if the person did not know, and had no reasonable grounds for believing, that the item was a registered shipwreck, historic shipwreck, registered shipwreck artefact or historic shipwreck artefact. (4) In this section, a reference to an item being removed from the State includes a reference to an item being removed from Victorian coastal waters, but does not include a reference to an item being removed directly from Victorian coastal waters to the State. 74 Other offences in relation to registered shipwrecks, historic shipwrecks, registered shipwreck artefacts and historic shipwreck artefacts (1) A person must not, without lawful authority, knowingly or recklessly— (a) take, destroy, damage, remove, disturb or otherwise interfere with any registered shipwreck, historic shipwreck, registered shipwreck artefact or historic shipwreck artefact; or (b) dispose of a registered shipwreck, historic shipwreck, registered shipwreck artefact or historic shipwreck artefact. (2) A person must not, without lawful authority, negligently— (a) take, destroy, damage, remove, disturb or otherwise interfere with any registered shipwreck, historic shipwreck, registered shipwreck artefact or historic shipwreck artefact; or (b) dispose of a registered shipwreck, historic shipwreck, registered shipwreck artefact or historic shipwreck artefact. Penalty: In the case of a natural person, 1200 penalty units or imprisonment for 2 years or both; In the case of a body corporate, 2400 penalty units. (3) A person must not, without lawful authority, knowingly or recklessly— (a) buy, offer to buy, agree to buy or offer, or agree to barter or exchange any registered shipwreck, historic shipwreck, registered shipwreck artefact or historic shipwreck artefact; or (b) possess a registered shipwreck, historic shipwreck, registered shipwreck artefact or historic shipwreck artefact. (4) An offence against subsection (1), (2) or (3) is an indictable offence. (5) Subsection (3) does not apply if the person did not know, and had no reasonable grounds for believing, that the item that is the subject of the offence was a registered shipwreck, historic shipwreck, registered shipwreck artefact or historic shipwreck artefact. (6) A reference in subsection (1) or (2) to the taking or removal of a registered shipwreck, historic shipwreck, registered shipwreck artefact or historic shipwreck artefact includes a reference to the taking or removal from a reef, from the sea‑bed or the sub-soil of the sea-bed or from land or the sub-soil of land. (7) In this section— ***take*** means to gain possession of an item by any means. 75 Directions to deliver a removed registered shipwreck, historic shipwreck, registered shipwreck artefact or historic shipwreck artefact (1) If the Executive Director considers on reasonable grounds that a person has possession of a registered shipwreck, historic shipwreck, registered shipwreck artefact or historic shipwreck artefact which has been removed from a place without a permit issued in accordance with section 77, the Executive Director may give written notice to the person requiring them to deliver the item to the Executive Director. (2) A person to whom a notice is given by the Executive Director under subsection (1) must comply with the notice. 76 Offence to be near registered shipwrecks, historic shipwrecks, registered shipwreck artefacts or historic shipwreck artefacts with certain equipment (1) A person must not, without authority or reasonable cause, possess on or near a registered shipwreck, historic shipwreck, registered shipwreck artefact or historic shipwreck artefact— (a) any salvage or recovery equipment or any equipment that could be readily adapted or used for the salvage or recovery of the registered shipwreck, historic shipwreck, registered shipwreck artefact or historic shipwreck artefact; or (b) any explosives, instruments or other equipment that could be used to damage or interfere with the registered shipwreck, historic shipwreck, registered shipwreck artefact or historic shipwreck artefact. Penalty: In the case of a natural person, 120 penalty units or 12 months imprisonment or both; (2) This section does not apply to the holder of an access licence or general permit under the **Fisheries Act 1995** carrying out an activity under that licence or permit. 77 Permits for exploration or recovery of registered shipwrecks, historic shipwrecks, registered shipwreck artefacts or historic shipwreck artefacts and in relation to protected zones (1) A person may apply to the Executive Director for a permit authorising that person, and any other person named or described in the permit, to do an act or thing which would otherwise be prohibited under section 73, 74, 75 or 76 or the underwater cultural heritage regulations. (2) An application must be made in the prescribed form and be accompanied by the prescribed fee (if any). (3) The Executive Director may grant the permit subject to any conditions the Executive Director considers fit. (4) The Executive Director may at any time, by notice in writing to the person to whom a permit has been granted— (a) revoke the permit; or (b) vary any conditions of the permit; or (c) suspend the permit; or (d) cancel a suspension of the permit. (5) A suspension of a permit may be of indefinite duration or for a specified period. (6) A person must not contravene a condition imposed in respect of a permit that has been granted to the person or is otherwise applicable to the person. Penalty: In the case of a natural person, 240 penalty units or imprisonment for 2 years or both;