Meaning of Commonwealth waters
13 Meaning of Commonwealth waters
Meaning generally
Commonwealth waters means:
the territorial sea of Australia, other than coastal waters of a State or the Northern Territory; and
the sea above the continental shelf of Australia; and
the seabed and subsoil beneath any such sea or waters.
Extended meaning—certain articles partly in Commonwealth waters and partly in coastal waters, State waters or Northern Territory waters
If:
an article of underwater cultural heritage (other than the remains of a vessel) is in, or has been removed from, Commonwealth waters; and
another part (the relevant part) of the article is in, or has been removed from, waters of the sea that are within:
the coastal waters of a State or the Northern Territory; or
the limits of a State or the Northern Territory; and
a Minister of the State or the Northern Territory has informed the Minister, in writing, that the State or the Northern Territory consents to the making of a declaration under this subsection in relation to the relevant part;
the Minister may, by notifiable instrument, declare that the relevant part is, for the purposes of this Act (except this section and section 20), taken to be a part that is in, or has been removed from, Commonwealth waters.
Extended meaning—certain articles within coastal waters of a State or the Northern Territory
If:
an article of underwater cultural heritage (other than the remains of a vessel) is in the coastal waters of a State or the Northern Territory; and
a Minister of the State or the Northern Territory has informed the Minister, in writing, that the State or the Northern Territory consents to the making of a declaration under this subsection in relation to the article;
the Minister may, by notifiable instrument, declare that the article is, for the purposes of this Act (except this section and section 20), taken to be an article of underwater cultural heritage that is in Commonwealth waters.
Extended meaning—certain articles that have moved into State waters or Northern Territory waters
If:
an article of underwater cultural heritage (other than the remains of a vessel) has been removed from Commonwealth waters; and
the article is in waters of the sea within the limits of a State or the Northern Territory; and
a Minister of the State or the Northern Territory has informed the Minister, in writing, that the State or the Northern Territory consents to the making of a declaration under this subsection in relation to the article;
the Minister may, by notifiable instrument, declare that the article is, for the purposes of this Act (except this section and section 20), taken to be an article of underwater cultural heritage that is in Commonwealth waters.
Varying and revoking declarations
The Minister may, by notifiable instrument, with the consent of the Minister of the State or the Northern Territory, vary or revoke a declaration made under this section.
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