Maritime Archaeology Act 1973

The machinery of the Act rests on a handful of legal concepts and administrative devices set out in defined terms and operative provisions.

Historic ship and maritime archaeological site. A historic ship is any ship lost, wrecked, abandoned or stranded on or off Western Australia before 1900 (s 3). A maritime archaeological site is any area where the remains of a ship thought by the Director to be historic are known to be located, any area where relics are known or where in the Director’s opinion unrecovered relics are likely to be located, and any structure or location of historic interest associated with persons from such ships (s 4(1)). Sites can be submerged, intertidal or on land, and may straddle those zones (s 4(2)). These definitions are opinion‑centred; the Director’s view drives whether an area or thing becomes a maritime archaeological site under the Act.

Vesting and exceptions. Property in historic ships and maritime archaeological sites vests in the Museum on behalf of the Crown (s 6(1)). Relics are also vested unless they fall within specified historical exceptions: objects for which due notice was given under earlier Museum Acts and disposed with Trustees’ written permission (First Schedule exceptions referenced in s 6(2)(a)), or objects recovered before 18 December 1964 from ships listed in the Second Schedule (s 6(2)(b)). The Governor may add historic ships to the Second Schedule on Trustees’ recommendation (s 6(4)). The vesting is categorical: s 7(1) declares no compensation is payable for vesting by operation of the Act.

Director and Trustees. The Museum Director and the Trustees play central roles. The Director is given subjective powers to form the opinions that define sites and relics and to make conclusive determinations where persons query whether an object is a relic (s 4(1), s 18(4)). The Trustees have broad powers to recover, preserve and display vested property, to enter agreements for recovery and to pay finders’ expenses and rewards subject to conditions and Ministerial approval (s 20(2)(b)-(d), s 18(1)). Disposal to other institutions or persons requires the Trustees to recommend and the Governor to direct (s 21).

Protected zones and regulation. The Governor may declare an area a maritime archaeological site and surrounding protected zone by Gazette instrument; protected zones may cover waters, land or seabed, and protected zones that extend below low water mark must not extend beyond 500 metres from the site perimeter (s 9(1), (3)). The Governor may make regulations to prohibit or impose conditions on equipment for diving, salvage or recovery, diving activity and vessel use within protected zones, with criminal penalties for contraventions (s 9(5)-(6), penalty amounts in s 9(6)).

Notification, rewards and Tribunal review. Finders must notify the Director in writing as soon as practicable when they find a ship likely lost before 1900 or take/recover relics (s 17(1)-(2)). The Trustees may, with Ministerial approval, reward first notification of previously unknown ships or relics and may refuse claims if the Trustee’s verification requirements are not met (s 18(1)-(3), (5)). If aggrieved or if Trustees delay beyond specified times, a claimant may apply to the State Administrative Tribunal which is required to include a judicial member in such matters (s 18(6)-(6a)). The Act caps aggregate rewards at $5 000 per ship or related relics unless the Tribunal determines that the value of the metal content of relics justifies an exception, in which case up to one half of the metal market value may be payable (s 18(8)-(10)).

Evidentiary and reverse‑onus rules. Certificates by the Director or delegated staff stating opinions about historic interest, site status, presence of ships before 1900, or association of relics are admissible as prima facie evidence subject to notice and objection rules (s 10(1)(a)-(d), (e)-(g)). The accused bears the onus of proving that the Act does not apply to an object in proceedings under the Act (s 10(2)). If an offence is proved and alleged to have occurred within a protected zone, courts shall presume it occurred within that zone unless the contrary is proved (s 10(3)).

Enforcement remedies. Criminal sanctions include fines and imprisonment for interference with vested sites and contravention of protected zone regulations (s 8(1), penalty), and s 9(6) provides separate penalties for regulation contraventions. Courts may order forfeiture of vessels or equipment used in the commission of offences (s 12) and may order payment to the Trustees of the antiquarian value of damaged or removed property in addition to penalties (s 13). Seized items are processed under the Criminal and Found Property Disposal Act 2006, with the Museum designated a prescribed agency and the Director as chief officer for that Act’s purposes (s 11(2)).

Register of discoverers. The Act creates a statutory register of discoverers for specified ancient shipwrecks and records primary and secondary discoverers by name in the Third Schedule (s 24 and Third Schedule).

The Act imposes obligations and confers rights on a concise set of actors. The statute makes clear who pays, who decides and who is subject to duties.

Persons who find or recover ships or relics. Natural persons and organisations who locate, recover or take an object that appears to be a relic or a ship lost before 1900 are obliged to notify the Director in writing "as soon as practicable" (s 17(1)-(2)). Failure to notify carries modest statutory fines ($500 for ships, $100 for relics) and creates an administrative record that may impact entitlement to rewards (s 17(1)-(2), s 18(2)-(3)). Finders who wish to claim a monetary reward must comply with procedural verification measures set out in s 18(2)-(3), including where practicable marking the position with a buoy or recoverable marker.

Owners, masters and charterers of vessels and persons in charge of equipment. Where a vessel enters or remains within a protected zone in contravention of regulations, the person in command or in charge of the vessel is guilty of an offence, and where he can be shown to have caused or permitted the contravention, the owner or charterer also is guilty (s 9(6)). The regime therefore places possible criminal liability on masters, skippers and commercial operators as well as vessel owners for breaches of protected‑zone regulations.

Persons in lawful possession of objects prior to the Act’s commencement and prior recoverers. The Act contains historical carve outs. Objects taken from ships listed in the First Schedule with due notice and Trustees’ permission remain excluded from automatic vesting (s 6(2)(a)). Objects recovered before 18 December 1964 from ships listed in the Second Schedule are also excepted (s 6(2)(b)). The Governor may add ships to the Second Schedule on Trustees’ recommendation (s 6(4)). Persons who had lawful possession immediately prior to the Act’s operation therefore retain that position where the Act expressly preserves it.

Museum Trustees, Director and staff. Decision‑makers under the Act are the Trustees and the Director. The Director forms the opinions that trigger site and relic status (s 4), can conclusively determine whether something is a relic (s 18(4)), and may sign certificates that become admissible evidence (s 10(1)). Trustees decide on recovery conduct, can offer rewards subject to Ministerial approval, and have powers to recover, preserve, display, supervise and expend funds on maritime archaeology (s 18, s 20(2)). The Trustees can require production of objects previously notified under earlier Museum Acts for inspection and temporary custody (s 22(1)-(2)). The Museum, through the Trustees and Director, therefore controls access, recovery operations and disposition recommendations.

Minister and Governor. The Minister approves reward offers made by the Trustees (s 18(1)) and may, on Trustees’ recommendation, have sites removed from the Act’s application (s 5(1)-(3)). The Governor declares maritime archaeological sites and protected zones by Gazette instrument (s 9(1)) and may direct disposal to specified bodies or persons when satisfied by a Trustees’ recommendation (s 21). Thus executive officers at State level exercise final legal authority over protected‑zone creation and disposal directives.

Courts and the State Administrative Tribunal. For disputes about rewards, rejected or delayed claims may be taken to the State Administrative Tribunal which must include a judicial member in such matters (s 18(6)-(6a)). Criminal and civil enforcement falls to courts, which can impose penalties, order forfeiture, and require payment of antiquarian value (s 8, s 12, s 13). The Act also supplies evidentiary presumptions and reverse onus that apply in prosecutions (s 10).

Commercial and recreational mariners, divers, salvage operators and archaeologists. The Act empowers the Governor to restrict the bringing into or use within protected zones of diving, salvage or recovery equipment and to prohibit underwater activity or certain vessel uses (s 9(5)). Those operating in coastal waters must therefore consider Gazette protected‑zone instruments, accompanying regulations, and the penalties for contravention (s 9(6)). The Trustees may supervise or promote activities for discovery and recovery (s 20(2)(d)), but any commercial salvors face the vesting rule and disposal constraints that limit private property rights in finds (s 6, s 21).

Third parties and institutions receiving disposals. The Governor‑directed disposal list in s 21 identifies certain public bodies and specified historical associations as potential recipients of relics, and finds may be disposed of to persons with historic associations or to finders, but only following Trustees’ recommendation and the Governor’s direction (s 21). These constraints shape the market for recovered relics and the legal pathway to transfer.

General public and community interest. The Act frames preservation "on behalf of the community" and transfers property rights to the Museum on behalf of the Crown (long title; s 6(1)). The Trustee powers to recover, preserve and display (s 20(2)(c)-(d)) are structured to provide public access and stewardship, subject to the executive and Museum’s prioritisation.

The Act imposes concrete duties and establishes specific rights across its provisions. Below are the principal operational obligations and legal entitlements specified in the text.

Duties to notify and preserve loci. Persons finding ships or relics must give written notice to the Director as soon as practicable (s 17(1)-(2)). Finders are encouraged to mark positions with a buoy or other identifiable, recoverable thing to verify claims (s 18(2)). If a person other than the finder moves, defaces or otherwise interferes with a buoy or other evidence placed over a ship or relic, they commit an offence (s 19(2)).

Duty to produce previously notified objects. Persons who have custody of an object in relation to which the Director has given notice under the Museum Acts must produce the object to the Trustees at a reasonable time if required (s 22(1)). The Trustees may retain it for 30 days, or longer by agreement, for recording and investigation (s 22(2)-(3).

Prohibition on unauthorised dealing. An absolute prohibition exists on disposing of vested property except in accordance with s 21; any contract purporting to dispose of such property is void (s 20(1)). A person who without Trustees’ consent alters, removes, destroys, damages or assumes possession or otherwise deals with a vested site, ship or relic commits an offence (s 8(1)(a)).

Consent and conditions. The Trustees may consent to recovery, salvage or other dealing subject to conditions and may enforce those conditions by criminal penalty if breached (s 8(1)(b)). The Trustees can also pay expenses properly incurred by persons who at their request deliver relics (s 20(2)(a)). Trustees may enter recovery agreements and expend such amounts as they determine proper, subject to conditions they set out before work commences (s 20(2)(b)).

Rights to rewards and process for claims. The Trustees may reward first notification of previously unknown ships or relics subject to Ministerial approval and to the constraints in s 18. A finder’s procedural duties for substantiation are set out in s 18(3). The Trustees must notify a claimant within 12 months whether a reward or interim payment will be paid, whether the matter cannot be evaluated within that time and a deferral is directed by the Minister, or whether no reward will be payable (s 18(5)). The claimant may seek review in the State Administrative Tribunal where aggrieved by a Trustee decision or lack of notification within time (s 18(6)). The Tribunal must consider a range of factors before ordering payment, including costs of recovery and preservation and the Minister’s and Trustees’ information (s 18(7)).

Disposal rights and process. The Trustees may recommend disposal of preserved, examined and recorded relics to specified public bodies or persons with historic associations, or to finders, but only the Governor may direct such disposal and the Trustees must give effect to the Governor’s direction (s 21). Disposal is therefore a two‑stage administrative decision with the Governor as final legal actor.

Evidentiary rights and presumptions. The Director or authorised delegate may produce certificates that constitute admissible evidence of key facts concerning historic interest, site status, presence of a ship before 1900, and association of relics (s 10(1)). Notice requirements apply to introduction of such certificates (s 10(1)(e)-(g)). In prosecutions the onus lies on the accused to prove the Act does not apply to an object (s 10(2)). For alleged offences within protected zones, proof of the act or omission results in a presumption that it occurred in the zone unless rebutted (s 10(3)).

Enforcement rights of courts. Courts convicting offenders may impose fines and imprisonment as specified, order forfeiture of vessels, equipment or other things used in the offence (s 12(1)), and order payment to the Trustees of the full antiquarian value of damaged property in addition to penalties, recoverable as if part of the penalty (s 13). The court may require notice to and hear persons before ordering forfeiture (s 12(2)). Goods ordered forfeited are to be dealt with at the Attorney General’s direction pending such direction (s 12(3)).

Regulatory and administrative delegation. The Governor may make regulations to protect sites and the immediate environment necessary for preservation, and to prohibit or condition equipment and activities within protected zones (s 23; s 9(5)). Trustees may supervise or promote discovery, recovery and study activities and set prior conditions as they consider fit (s 20(2)(c)-(d)). The Minister and Governor retain final decision points for reward approval and protected‑zone declaration and for disposal direction (s 18(1), s 9(1), s 21).

Limitations and exceptions. The Act provides historical exceptions to vesting (s 6(2)-(3)), a process to remove a site from the Act where the Director advises no special interest and the Minister approves (s 5(1)-(3)), and a statutory reward cap of $5 000 per ship aggregate unless the Tribunal permits a higher payment related to metal content valuation (s 18(8)-(10)).

The Act combines criminal penalties, property forfeiture, evidentiary presumptions and administrative processes to enforce protection of maritime archaeological heritage.

Criminal penalties. The primary offence in s 8(1) penalises unauthorised dealing with vested maritime archaeological sites, ships, relics or things, or impeding Museum staff or persons authorised by the Trustees. The prescribed penalty is a fine of $2 000, or imprisonment for 12 months, or both. Contravention of protected‑zone regulations is an offence under s 9(6) with a penalty of $1 000, or imprisonment for 6 months, or both. Section 19(2) imposes a penalty of $1 000 for specified interfering conduct with markers or for making false or misleading statements in claims under s 19(1).

Forfeiture and dispossession. On conviction for an offence under s 8 or s 9 a court may order forfeiture to the Crown of any vessel, vehicle, equipment or other specified thing used in the commission of the offence (s 12(1)). The court may require notice and hearing of interested persons before making a forfeiture order (s 12(2)). Goods forfeited are to be dealt with under the Attorney General’s directions and detained as the court orders pending such direction (s 12(3)).

Civil monetary remedy for antiquarian loss. Section 13 empowers courts to order convicted persons to pay the Trustees the full antiquarian value of property damaged, mutilated, destroyed or removed, in addition to penalties. Importantly, that amount can be recovered as though part of the penalty, even if the aggregate exceeds the statutory maximum penalty for the offence.

Seizure and disposal procedure. On arrest for an offence under s 8 or s 9 the arresting person may seize property that is the subject of the alleged offence or any vessel, vehicle, equipment or thing alleged to have been used in the offence if found in the arrestee’s possession or control (s 11(1)). Seized items fall under the Criminal and Found Property Disposal Act 2006 as applied by s 11(2), which designates the Museum a prescribed agency and the Director as the Museum’s chief officer for that Act’s purposes.

Evidentiary devices that facilitate enforcement. Certificates signed by the Director or delegated staff that state specified facts are admissible as evidence of historic interest, site status, presence of ships before 1900, or association of relics, subject to notice and objection rules and unless the court orders otherwise (s 10(1)). Section 10(2) places the onus on the accused to prove that the Act does not apply to an object. Section 10(3) establishes a presumption in prosecutions where the act or omission is proved and is averred to have occurred inside a protected zone; the court must presume it occurred in the zone unless the contrary is proved.

Reward and administrative incentives. The Trustees may pay rewards for information leading to conviction (s 14) and may reward finders for notification of undisclosed ships or relics subject to Ministerial approval and Tribunal review (s 18). Rewards and payment of recovery expenses (s 20(2)(a)) create positive incentives for reporting and cooperation, while the criminal penalties and forfeiture provisions create negative incentives against unauthorised interference.

Time limits for prosecutions. A prosecution for an offence under the Act must generally be commenced within 12 months after the alleged offence date (s 16). An extension is possible if an authorised person certifies that it was not practicable to commence earlier, in which case prosecution may be commenced within one month after that certificate (s 16). This relatively short limitation period is a procedural constraint on enforcement.

Administrative oversight and tribunal review. The Act builds in administrative review for reward decisions. If Trustees refuse or delay to decide on a reward within the specified 12‑month period (or deferral by Minister), claimants may apply to the State Administrative Tribunal for an order requiring payment; the Tribunal must include a judicial member in such matters and may consider detailed factors including the Trustee’s information, costs of recovery and market value of metal content (s 18(5)-(7), (6a)).

Parliamentary oversight of protected‑zone declarations. A Governor’s declaration of a protected zone is published in the Gazette and must be laid before each House of Parliament within the next six sitting days; section 36 of the Interpretation Act applies to the declaration as if it were a regulation (s 9(2)). That requirement introduces a parliamentary oversight layer to executive declarations.

The Act cross‑references and interoperates with a number of other Western Australian statutes and administrative frameworks. The text itself identifies those connections and the compilation notes record amendments that affect cross‑references.

Museum Acts. The Act relies on the Museum Act 1959 and Museum Act 1969 for the existence, constitution and roles of the Board, Director and Trustees. Section 3 defines Board, Director, Museum and Trustees by reference to the Museum Acts. Sections 6(2)(a) and 22(1) expressly rely on notice regimes under section 20C of the Museum Act 1959 and section 42 of the Museum Act 1969, and the Act preserves historical rights or obligations tied to prior Museum Act notices and permissions. Compilation notes indicate the Museum Act 1959 was repealed by the Museum Act 1969 and that section 42 of the Museum Act 1969 was deleted by later amendment, context that affects interpretation of the historical notices referenced in s 6 and s 22.

Criminal and Found Property Disposal Act 2006. Seized items under s 11 are to be dealt with under the Criminal and Found Property Disposal Act 2006. Section 11(2) designates the Museum a prescribed agency and the Director the chief officer for the Act’s purposes, thereby prescribing property management, custody, disposal and records obligations consistent with that Act.

Interpretation Act and parliamentary laying. The Act requires protected‑zone declarations to be laid before each House within six sitting days and states that section 36 of the Interpretation Act 1918 shall apply to the declaration as if it had been a regulation (s 9(2)). Compilation notes indicate the Interpretation Act 1918 was repealed and superseded by the Interpretation Act 1984; the modern reader should apply the current Interpretation Act provisions on laying of instruments when considering procedural compliance.

State Administrative Tribunal Act 2004. Section 18(6) provides claimants of rewards a route to the State Administrative Tribunal. The Act requires that the Tribunal be constituted by, or include, a judicial member in matters dealing with reward claims (s 18(6a)). Compilation notes reference the State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004 and transitional provisions in the State Administrative Tribunal Act 2004 that are relevant to jurisdictional conferral.

Other Acts and executive directions. Governor and Minister powers in declarations and reward approvals mean those exercises of authority will operate alongside other executive instruments and regulations. The Act authorises the Governor to make protected‑zone declarations published in the Gazette and to direct disposal on Trustees’ recommendations (s 9(1); s 21). The Minister may approve the Trustees’ reward offers and may remove the Act’s application to sites on the Trustees’ recommendation where the Director advises the site lacks special historical interest (s 18(1); s 5(1)-(3)).

Regulations under the Act. The Governor may make regulations for the protection of maritime archaeological sites and their immediate environment (s 23). Regulations may cover details and enforcement of protected‑zone restrictions, including prohibiting or conditioning equipment adapted for diving or salvage, and activities likely to affect sites (s 9(5)). Those regulations will interact with maritime safety, navigation, fisheries, and environmental protection law operationalised by other State agencies.

Seizure and criminal procedure law. Seizure power under s 11(1) and the application of the Criminal and Found Property Disposal Act mean that seizures for offences under this Act are processed in the same administrative and disposal frameworks as other seized property, subject to court orders for forfeiture (s 12) and to criminal procedure rules concerning arrests, prosecutions and evidence. Section 10(1) permits documentary certificates by the Director to be tendered under evidence rules, but courts retain discretion to require viva voce evidence.

Schedules and historical instruments. The First, Second and Third Schedules operate as legislative lists with legal consequences. The First Schedule lists ships notified under Museum Acts and the Second Schedule lists ships from which relics are believed recovered prior to 18 December 1964; these schedules create exclusions from automatic vesting (s 6(2)). The Third Schedule constitutes the statutory Register of discoverers for specified ancient shipwrecks under s 24. The Governor may add to the Second Schedule on Trustees’ recommendation by Order in Council (s 6(4)); the process interfaces with statutory instruments practice, including Gazette publication requirements.

The Act has been amended several times; the compilation table in the source records the significant legislative milestones and section‑level amendments.

Original enactment and commencement. The Maritime Archaeology Act 1973 (No. 66 of 1973) received assent on 28 November 1973 and commenced 7 December 1973 (see compilation table).

Notable subsequent amendments and insertions recorded in the compilation table and marginal notes:

• Sentencing and procedural consequential amendments: The Sentencing (Consequential Provisions) Act 1995 (s 147) (No. 78 of 1995) amended the Act with effect from 4 November 1996. The marginal note shows s 19(2) was amended by this Act.
• Maritime Archaeology Amendment Act 1997 (No. 44 of 1997): Inserted s 24 establishing the register of discoverers and the Third Schedule, commencing 9 December 1997 (s 24 inserted by No. 44 of 1997 s 4; Third Schedule inserted by s 5).
• State Administrative Tribunal conferral: The State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004 (Pt 2 Div 77) and related State Administrative Tribunal Act 2004 provisions (No. 55 of 2004) conferred jurisdiction and required Tribunal composition particulars relevant to s 18(6)-(6a); amendments took effect 1 January 2005 (compilation table).
• Criminal Procedure and Appeals consequential amendments: Criminal Procedure and Appeals (Consequential and Other Provisions) Act 2004 (No. 84 of 2004) inserted and amended evidentiary and procedural provisions including s 10 amendments and the insertion of s 16 (limitation period), taking effect 2 May 2005 (compilation table and marginal notes).
• Criminal Investigation consequential amendments: Criminal Investigation (Consequential Provisions) Act 2006 (No. 59 of 2006) amended s 11, applying the Criminal and Found Property Disposal Act 2006 to seized items and designating the Museum as a prescribed agency and the Director as chief officer for those purposes; amendments commenced 1 July 2007.
• Statutes (Repeals and Miscellaneous Amendments) Act 2009 (No. 8 of 2009) amended Schedules and had commencement stated in 2009, noted in the compilation table as amending the First Schedule (s 90).
• Formatting and reprints: Reprints occurred, including reprint 1 as at 3 October 2003 and reprint 2 as at 21 May 2010; the Standardisation of Formatting Act 2010 (No. 19 of 2010) made formatting amendments effective 11 September 2010.

Section‑level amendments and insertions noted in the Act text:

• Section 10 was amended by No. 84 of 2004 s 80 and 82 (see marginal note).
• Section 11 was amended by No. 59 of 2006 s 59 to apply the Criminal and Found Property Disposal Act to seized items (s 11(2)).
• Section 15 was amended by No. 84 of 2004 s 80 to simplify Trustees’ pleading about property ownership.
• Section 16 (limitation period for prosecutions) was inserted by No. 84 of 2004 s 80.
• Section 18 was amended by No. 55 of 2004 s 710 addressing Tribunal matters and reward procedures.
• Section 19 was amended by No. 78 of 1995 s 147 (penalty provision).
• Section 24 and the Third Schedule were inserted by No. 44 of 1997 s 4-5.
• Schedule amendments, including to the First and Second Schedules, are recorded with changes effective by Statutes (Repeals and Miscellaneous Amendments) Act 2009 s 90.

The compilation table in the source should be consulted when checking historical cross‑references to earlier Museum Acts and for the precise operative dates of each amendment. The marginal notes and the Act’s own cross‑references reflect how Museum Act provisions were repealed or amended over time, and how those changes affect the operation of notices and transfer exceptions in s 6 and s 22.

The source material provided contains no judicial decisions, case law citations or examples of litigation under the Maritime Archaeology Act 1973. The Act text itself references procedural avenues to courts and to the State Administrative Tribunal (s 18(6)-(6a)), and provides evidentiary presumptions and reverse onus mechanisms intended to shape litigation practice (s 10(1)-(3)). Beyond those procedural provisions and the Tribunal review route for reward disputes, the text does not list or summarise any specific judicial rulings, appeals or precedent decisions.

Where parties engage with the statute, specified mechanisms are available for dispute resolution:

• Criminal prosecutions and associated civil recoveries occur in courts, with courts empowered to impose penalties, order forfeiture (s 12), and order payment for antiquarian value (s 13).
• Administrative decisions by the Trustees about rewards are reviewable in the State Administrative Tribunal by claimants who are aggrieved or have not received the Trustees’ decision within the Act’s timeframes; the Tribunal must include a judicial member for such matters (s 18(6)-(6a)). The Tribunal is required to give the Minister and Trustees an opportunity to be heard and to take into account detailed factors before making an award (s 18(7)-(9)).
• Evidentiary certificates by the Director or authorised delegates are admissible subject to notice and objection rules and to the court’s discretion (s 10(1)); litigation involving contested Director certificates would therefore engage those procedural rules.

Because the Act itself does not name any litigated matters, researchers or practitioners needing case law must consult court and Tribunal records, judicial databases and legal reporters outside this text for actual litigation applying the Act and for judicial interpretation of the Director’s opinion standard, the reverse onus in s 10(2), the operation of protected‑zone declarations, and the Tribunal’s approach to reward valuation issues, including the metal‑content exception in s 18(10).

Practical pitfalls and interpretive traps are embedded in the Act’s structure. These are concrete legal and administrative issues that practitioners, finders and operators should note.

Director‑opinion centric definitions. Key operative determinations hinge on the Director’s opinion: whether remains are of a historic ship, whether relics are likely, and whether objects are of national or local historical interest (s 4(1); s 5(1); s 6(3); s 18(4)). Because those are framed as opinions rather than as objective tests in the Act language, administrative discretion is central. In prosecutions, certificates of the Director or authorised delegates serve as prima facie evidence of those opinions unless challenged under the notice and objection scheme set out in s 10(1)(e)-(g).

No compensation for vesting. Section 7(1) expressly declares that compensation is not payable by reason that property vests in the Museum by operation of this Act. Persons who lose effective ownership or possession by operation of the statutory vesting mechanism cannot seek compensation under the Act for that transfer.

Reverse onus in prosecutions. Section 10(2) places the onus on the accused to prove that the Act does not apply to a ship, relic or other thing. This is a legal burden that can materially affect criminal defence strategy and evidence gathering in contesting applicability.

Short limitation period for prosecutions. The general limitation period for commencing prosecutions is 12 months from the date of the alleged offence (s 16). An extension requires an authorised person to certify that it was not practicable to commence earlier, and then a prosecution must be begun within one month after that certificate. Practically, this can restrict time available for investigations, and may influence the timing of seizure and evidence preservation.

Strict notice and verification requirements for reward claims. A claimant seeking a reward must substantiate claims with detailed notice including time, a distinguishing description, marker particulars and circumstances, and should mark the position with a recoverable buoy where practicable (s 18(2)-(3)). Failure to verify the position to Trustees’ satisfaction may lead to refusal of reward (s 18(2)). Trustees must notify the claimant within 12 months as to whether a reward or interim payment will be made or whether a deferral has been directed by the Minister (s 18(5)).

Reward cap and metal‑content exception. The Act caps aggregate rewards at $5 000 per ship and associated relics unless the Tribunal determines a metal‑content valuation justifies a higher payment and orders up to one half the market value of metal content (s 18(8)-(10)). Practitioners should not assume open‑ended commercial compensation; the statutory cap and the specific metal content exception materially constrain recoverable amounts.

Protected‑zone declaration mechanics and boundaries. The Governor may declare protected zones and specify boundaries without the need for survey or demarcation (s 9(1), (4)). Conviction is possible where the court is satisfied that a reasonable person could have established the location by reference to marks specified in the Gazetted declaration, unless the defendant shows the location could not have been so established (s 9(4)). This places onus on mariners and operators to check Gazette notices and to ascertain boundary markers accurately; non‑demarcated boundaries increase the risk of inadvertent breaches.

Contradictory historical cross‑references. The Act references notice regimes under earlier Museum Acts (s 6(2)(a); s 22(1)) and section notes indicate repeal and amendment of those earlier Acts over time. Practitioners will need to reconcile historical notices in light of changes to the Museum Acts and to confirm whether an object was lawfully possessed or was the subject of prior notices and permissions that exempt it from vesting under this Act.

Certificates as evidence and procedural preconditions. The Director’s certificates are admissible only if notice of intention to adduce them is given at least three days before the hearing and if no objection is taken before or at trial, and if the Director or delegate is not required to attend to give evidence (s 10(1)(e)-(g)). Failing to observe these procedural prerequisites can result in exclusion or in the need for viva voce testimony.

Void contracts to dispose of vested property. Any contract purporting to dispose of property vested in the Museum on behalf of the Crown is void unless made in accordance with s 21 (s 20(1)). Parties contemplating sale or transfer of recovered relics must ensure there is a valid Governor direction coupled with the Trustee recommendation; otherwise the purported transaction has no legal effect.

Tribunal composition and procedure. The Tribunal must include a judicial member when dealing with reward applications (s 18(6a)), which imposes procedural particularities and may affect timing and preparation for hearings. The Tribunal must afford the Minister and the Trustees an opportunity to be heard and may take into account a broad list of factors when determining a just payment (s 18(7)), making reward proceedings potentially complex and evidentiary intensive.

Interaction with criminal property disposal rules. Seizures under s 11 are governed by the Criminal and Found Property Disposal Act 2006; the Museum is a prescribed agency and the Director is designated chief officer (s 11(2)). Practitioners must navigate both Acts in matters of seizure, custody, and disposition of property and ensure compliance with the procedural requirements of the disposal Act.

Compliance under the Act involves proactive notification, adherence to Trustee consent and conditions, checking Gazetted protected‑zone notices and regulations, and following statutory procedures for discovery, possession and rewards. The following steps reflect duties and rights set out in the Act.

Immediate written notification for finds. If a person finds a ship that was, or appears likely to have been, lost before 1900, they must give written notice to the Director "as soon as practicable" (s 17(1)). The same written notice duty applies if a person finds, takes or recovers any relic (s 17(2)). Practically, ensure written notice is transmitted and a record retained (date, time, method of delivery).

Mark and verify position. Where practicable, a finder should mark the position with a buoy or other identifiable recoverable object so Trustees can verify the claimed location (s 18(2)). If a finder cannot do so, they should record GPS coordinates, take photographs and preserve other identifying features described in s 18(3)(b) and (d).

Prepare a detailed notice that meets statutory requirements. To substantiate a reward claim, notice to the Director should, where practicable, include the time and date, a sufficiently detailed description with distinguishing features, particulars of any marker left, an accurate description of the position, and particulars of the finder and persons who assisted (s 18(3)(a)-(e)). Keep copies and evidence of the steps taken to mark and record the find.

Avoid unauthorised dealing. Do not alter, remove, destroy, damage or assume possession of maritime archaeological sites, ships, relics or things vested in the Museum without Trustees’ consent (s 8(1)(a)). If consent is sought from the Trustees, ensure all conditions of consent are strictly complied with to avoid breach and criminal exposure (s 8(1)(b)).

Engage with Trustees and seek written agreements. Trustees may enter into agreements for recovery and may pay properly incurred recovery expenses (s 20(2)(b)-(a)). Before undertaking recovery operations, seek a written agreement with the Trustees that sets out scope, prior conditions and payment rates, as Trustees are entitled to set prior conditions (s 20(2)(b)). Keep written records of any agreement and pre‑recovery approvals.

Comply with production requests for previously notified objects. If the Director has given notice under earlier Museum Acts that an object may be of interest, and the Trustees require production of the object, produce it at a reasonable time for inspection. Expect a 30‑day custody period for recording and investigation unless the parties agree otherwise (s 22(1)-(3)).

Check Gazetted protected‑zone instruments and regulations. Review the Gazette for protected‑zone declarations (s 9(1)) and any accompanying regulations that impose prohibitions or conditions on equipment, diving and vessel use (s 9(5); s 23). Because boundaries may not be demarcated, verify boundary markers specified in the Gazette and consider taking navigational measures to avoid inadvertent entry into protected zones (s 9(4)).

Keep evidence and avoid interfering with markers. Do not move, deface or alter any buoy or marker placed to indicate a find; s 19(2) makes such interference an offence. Preserve all documentary and physical evidence of the find and of any steps taken to report it.

Consider interim communication with Museum staff. If unsure whether an object is a relic, the finder may refer the question to the Director whose decision is conclusive (s 18(4)). Promptly notifying the Director and seeking a determination is a practical way to avoid the risk of later criminal liability under s 8 and to preserve potential reward eligibility.

Record chain of custody and recovery expenses. If claiming payment for recovery expenses under s 20(2)(a), keep contemporaneous invoices, receipts and logs to establish the expenses properly incurred. Trustees will pay properly incurred expenses at rates determined by them prior to recovery operations (s 20(2)(b)).

If a reward claim is refused or delayed, prepare for Tribunal review. The Trustees must notify a claimant within 12 months whether a reward or interim payment will be made (s 18(5)). If the Trustees refuse or do not notify within time, the claimant may apply to the State Administrative Tribunal (s 18(6)). Prepare documentary materials addressing the Tribunal’s factors: the Trustees’ information, costs of recovery and preservation, metal content valuation, claimant conduct regarding the find, any prior payments under s 20(2), and envisaged time factors (s 18(7)).

Seek legal advice where liability or substantial value is in issue. Given the vesting, reverse onus in prosecutions, evidentiary certificates, potential forfeiture and the cap on rewards, parties dealing with finds of substantial historical or material value should obtain legal advice early to structure compliance, preserve evidence and coordinate with Trustees and the Director.

Be mindful of historical exceptions. If you claim to be in lawful possession of an object due to prior recovery or due notice under Museum Acts, gather documentary proof showing the object was in lawful possession immediately prior to the Act’s commencement or falls within First or Second Schedule exceptions (s 6(2)). If a ship is added later to the Second Schedule by Order in Council on Trustees’ recommendation, note the legal status change (s 6(4)).

Document interactions with the Museum. Keep written records of all communications, notices, handovers, photographic records and logs. Written proof of notification and of the Director’s acknowledgement is a key statutory defence where the finder can show that due notice had been given and acknowledged (s 17(3)).

Monitor legislative and Gazette changes. Because protected zones and their regulations are created by Gazette instrument and the Governor may make regulations under s 23, maintain a monitoring practice for Gazette notices and for any new regulations that may affect operations near coastal historic sites.

By following these procedural steps and preserving documentary and physical evidence of finds, finders and operators can better manage compliance risk, preserve eligibility for rewards and minimise exposure to criminal and forfeiture consequences envisaged by the Maritime Archaeology Act 1973.