South Australia regulation

Historic Shipwrecks Regulations 2017

In ForceSA

Jurisdiction

South Australia

Collection

regulation

Plain English Summary

3/10 complexity

These regulations make it an offence to bring into, use in, or cause a vessel to enter a protected historic-shipwreck zone with diving/salvage equipment, explosives or tools, or to trawl, dive, moor or otherwise use a vessel there without a Ministerial permit; owners and operators can be separately liable. Penalties up to $10,000 and an expiation fee of $750 apply (reg 5). They also set procedures for telephone applications for warrants, requiring identity, grounds, an undertaking to file an affidavit and judicial officer confirmation (reg 6).

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Historic Shipwrecks Regulations 2017

South Australia Historic Shipwrecks Regulations 2017 under the Historic Shipwrecks Act 1981

Contents 1 Short title 3 Interpretation 5 Certain acts in protected zone prohibited without permit 6 Applications for warrants by telephone Legislative history

1—Short title These regulations may be cited as the Historic Shipwrecks Regulations 2017. 3—Interpretation In these regulations— Act means the Historic Shipwrecks Act 1981. 5—Certain acts in protected zone prohibited without permit (1) A person must not, except in accordance with a permit granted by the Minister under section 15 of the Act— (a) bring into a protected zone— (i) equipment constructed or adapted for the purposes of diving, salvage or recovery operations; or (ii) explosives, instruments or tools, the use of which would be likely to damage or interfere with a historic shipwreck or historic relic situated within the protected zone; or (b) use any such equipment, explosives, instruments or tools within a protected zone; or (c) cause a vessel carrying such equipment, explosives, instruments or tools to enter, or remain within, a protected zone; or (d) trawl, dive or engage in any other underwater activity within a protected zone; or (e) moor or use a vessel within a protected zone. Maximum penalty: $10 000. Expiation fee: $750. (2) If subregulation (1)(c) or (e) is contravened, the owner and operator of the vessel are each guilty of an offence. Maximum penalty: $10 000. Expiation fee: $750. (3) An inspector may give an expiation notice for an alleged offence against this regulation. (4) In this regulation— operator and owner, of a vessel, have the same respective meanings as in the Harbors and Navigation Act 1993. 6—Applications for warrants by telephone (1) If an application for the issue of a warrant under section 22 of the Act is made by telephone— (a) the applicant must inform the judicial officer of the applicant's name and identify the position that the applicant holds for the purposes of the Act, and the judicial officer, on receiving that information, is entitled to assume, without further inquiry, that the applicant holds that position; and (b) the applicant must inform the judicial officer of the purpose for which the warrant is required and the grounds on which it is sought; and (c) if it appears to the judicial officer from the information given by the applicant that there are proper grounds to issue a warrant, the judicial officer must inform the applicant of the facts that justify, in the judicial officer's opinion, the issue of the warrant, and must not proceed to issue the warrant unless the applicant undertakes to make an affidavit verifying those facts; and (d) if the applicant gives such an undertaking, the judicial officer may then make out and sign a warrant, noting on the warrant the facts that justify, in the judicial officer's opinion, the issue of the warrant; and (e) the warrant is taken to have been issued, and comes into force, when signed by the judicial officer; and (f) the judicial officer must inform the applicant of the terms of the warrant; and (g) the applicant must, as soon as practicable after the issue of the warrant, forward to the judicial officer an affidavit verifying the facts referred to in paragraph (c). (2) In this regulation— judicial officer means the magistrate or justice to whom application for the issue of a warrant is made. Legislative history Notes • Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete. • Earlier versions of these regulations (historical versions) are listed at the end of the legislative history. • For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au. Legislation revoked by principal regulations The Historic Shipwrecks Regulations 2017 revoked the following: Historic Shipwrecks Regulations 2014 Principal regulations and variations New entries appear in bold. Year No Reference Commencement 2017 29 Gazette 5.4.2017 p1026 1.5.2017: r 2 2017 247 Gazette 15.8.2017 p3574 15.8.2017: r 2 2018 198 Gazette 9.8.2018 p3048 9.8.2018: r 2 2019 114 Gazette 13.6.2019 p1975 1.7.2019: r 2 2020 196 Gazette 4.6.2020 p3069 1.7.2020: r 2 Provisions varied New entries appear in bold. Entries that relate to provisions that have been deleted appear in italics. Provision How varied Commencement r 2 omitted under Legislation Revision and Publication Act 2002 15.8.2017 r 4 varied by 247/2017 r 4 15.8.2017

varied by 198/2018 r 4 9.8.2018

varied by 114/2019 r 4 1.7.2019

deleted by 196/2020 r 4 1.7.2020 Sch 1 omitted under Legislation Revision and Publication Act 2002 15.8.2017 Historical versions 15.8.2017

9.8.2018

1.7.2019

Source text

Sourced from South Australian Legislation (legislation.sa.gov.au), CC BY 4.0.

1 Historic Shipwrecks Regulations 2017

South Australia Historic Shipwrecks Regulations 2017 under the Historic Shipwrecks Act 1981

Contents 1 Short title 3 Interpretation 5 Certain acts in protected zone prohibited without permit 6 Applications for warrants by telephone Legislative history

1—Short title These regulations may be cited as the Historic Shipwrecks Regulations 2017. 3—Interpretation In these regulations— Act means the Historic Shipwrecks Act 1981. 5—Certain acts in protected zone prohibited without permit (1) A person must not, except in accordance with a permit granted by the Minister under section 15 of the Act— (a) bring into a protected zone— (i) equipment constructed or adapted for the purposes of diving, salvage or recovery operations; or (ii) explosives, instruments or tools, the use of which would be likely to damage or interfere with a historic shipwreck or historic relic situated within the protected zone; or (b) use any such equipment, explosives, instruments or tools within a protected zone; or (c) cause a vessel carrying such equipment, explosives, instruments or tools to enter, or remain within, a protected zone; or (d) trawl, dive or engage in any other underwater activity within a protected zone; or (e) moor or use a vessel within a protected zone. Maximum penalty: $10 000. Expiation fee: $750. (2) If subregulation (1)(c) or (e) is contravened, the owner and operator of the vessel are each guilty of an offence. Maximum penalty: $10 000. Expiation fee: $750. (3) An inspector may give an expiation notice for an alleged offence against this regulation. (4) In this regulation— operator and owner, of a vessel, have the same respective meanings as in the Harbors and Navigation Act 1993. 6—Applications for warrants by telephone (1) If an application for the issue of a warrant under section 22 of the Act is made by telephone— (a) the applicant must inform the judicial officer of the applicant's name and identify the position that the applicant holds for the purposes of the Act, and the judicial officer, on receiving that information, is entitled to assume, without further inquiry, that the applicant holds that position; and (b) the applicant must inform the judicial officer of the purpose for which the warrant is required and the grounds on which it is sought; and (c) if it appears to the judicial officer from the information given by the applicant that there are proper grounds to issue a warrant, the judicial officer must inform the applicant of the facts that justify, in the judicial officer's opinion, the issue of the warrant, and must not proceed to issue the warrant unless the applicant undertakes to make an affidavit verifying those facts; and (d) if the applicant gives such an undertaking, the judicial officer may then make out and sign a warrant, noting on the warrant the facts that justify, in the judicial officer's opinion, the issue of the warrant; and (e) the warrant is taken to have been issued, and comes into force, when signed by the judicial officer; and (f) the judicial officer must inform the applicant of the terms of the warrant; and (g) the applicant must, as soon as practicable after the issue of the warrant, forward to the judicial officer an affidavit verifying the facts referred to in paragraph (c). (2) In this regulation— judicial officer means the magistrate or justice to whom application for the issue of a warrant is made. Legislative history Notes • Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete. • Earlier versions of these regulations (historical versions) are listed at the end of the legislative history. • For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or . Legislation revoked by principal regulations The Historic Shipwrecks Regulations 2017 revoked the following: Historic Shipwrecks Regulations 2014 Principal regulations and variations New entries appear in bold. Year No Reference Commencement 2017 29 Gazette 5.4.2017 p1026 1.5.2017: r 2 2017 247 Gazette 15.8.2017 p3574 15.8.2017: r 2 2018 198 Gazette 9.8.2018 p3048 9.8.2018: r 2 2019 114 Gazette 13.6.2019 p1975 1.7.2019: r 2 2020 196 Gazette 4.6.2020 p3069 1.7.2020: r 2 Provisions varied New entries appear in bold. Entries that relate to provisions that have been deleted appear in italics. Provision How varied Commencement r 2 omitted under Legislation Revision and Publication Act 2002 15.8.2017 r 4 varied by 247/2017 r 4 15.8.2017