- Source: Historic Shipwrecks Act 1976
The Historic Shipwrecks Act 1976 was an Act of the Parliament of Australia which legally protected historic shipwrecks and any relics or artefacts from those wrecks.
The Act automatically affects all shipwrecks that meet the "historic" criteria (generally defined as vessels more than 75 years old, although newer ships with historic value may be placed under the Act) and are in Australian Commonwealth waters (between the low-tide mark and the edge of the continental shelf): complementary state and territory legislation protects shipwrecks in state and territory waters including rivers and bays. Of the estimated 8,000 shipwrecks in Australian waters, more than 6,500 are protected under this legislation.
Most shipwrecks under the act can be accessed by the public, although no items may be removed from the wreck site without permission, and divers must take care not to damage or disturb the wreck. Any items removed from a protected wreck (including those removed before the Act came into effect) must be listed on a database maintained by the Federal department responsible for maintaining and preserving Australia's cultural heritage (the Department of the Environment and Energy). As of 2011, over 500,000 artefacts and relics are listed and recognised. Anyone disturbing a protected shipwreck can be fined up to A$10,000, or imprisoned for a maximum of five years.
The Act was repealed by the provision of assent on 24 August 2018 to the Underwater Cultural Heritage Act 2018 which commenced on 1 July 2019.
Historic shipwreck protected zones
Shipwrecks can be placed within an exclusion zone with a radius up to 800 metres (2,600 ft) where there can be no activities in or through this zone without formal permission. The following historic shipwrecks lie within protected or no-entry zones declared under the Act:
Complementary legislation
The following legislation complements the Act within waters under the direct control of the States and the Northern Territory:
New South Wales: Heritage Act 1977
Northern Territory: Heritage Conservation Act 1991
Queensland: Queensland Heritage Act 1992
South Australia: Historic Shipwrecks Act 1981 and Heritage Places Act 1993
Tasmania: Historic Cultural Heritage Act 1995
Victoria: Heritage Act 1995 and Heritage Historic Shipwrecks General Regulations 1996
Western Australia: Maritime Archaeology Act 1973
See also
ANCODS
Australasian Underwater Cultural Heritage Database
References
External links
Historic Shipwrecks Act 1976
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