4Simplified outline of this Act

4 Simplified outline of this Act

This Act provides for the protection of Australia’s underwater cultural heritage.

Different kinds of articles of underwater cultural heritage are, or can be, protected, depending on the kinds of articles, their heritage significance and their location.

For example, remains of vessels that have been in Australian waters for at least 75 years are automatically protected, as are certain articles associated with vessels and remains of vessels. Australian waters extend from the seaward limits of a State to the outer limit of Australia’s continental shelf.

The remains of aircraft and certain associated articles that have been in Commonwealth waters for at least 75 years are also automatically protected. Commonwealth waters extend:

(a) from waters 3 nautical miles seaward of the baseline of the territorial sea that are adjacent to the States and the Northern Territory; and

(b) to the outer limit of Australia’s continental shelf.

Other kinds of articles of underwater cultural heritage can be protected if the Minister is satisfied that they are of heritage significance. Such articles may be in Commonwealth waters, Australian waters or in waters beyond Australian waters, depending on the kind of article concerned.

Some articles are, or can be, protected even if they have already been removed from those waters. In all cases, if an article is removed from waters after it becomes protected, the protection continues to apply to it.

If an article of underwater cultural heritage is protected, certain conduct in relation to the article is generally prohibited without a permit. Such conduct includes the following:

(a) anything that has or is likely to have an adverse impact on the article;

(b) possessing the article;

(c) supplying, or offering to supply, the article;

(d) importing or exporting the article.

The Minister can declare an area containing protected underwater cultural heritage to be a protected zone, if the area is in Australian waters and the declaration would be consistent with the objects of this Act. The declaration may regulate or prohibit the kinds of activities that can be undertaken in the protected zone.

The Minister has various powers to gather information on the location of articles that are, or may be, protected underwater cultural heritage, and to give directions in relation to articles, including to store them in a particular way or to deliver them to other people.

Inspectors have powers to ensure people are complying with this Act, to investigate non‑compliance and to enforce this Act. Enforcement mechanisms include infringement notices, enforceable undertakings and injunctions.