Underwater cultural heritage that may be provisionally declared to be protected
19 Underwater cultural heritage that may be provisionally declared to be protected
The Minister may, by notifiable instrument, provisionally declare an article covered by the table in subsection (5) to be protected underwater cultural heritage if the Minister is satisfied that the article may be of heritage significance.
For matters the Minister must have regard to when deciding whether an article may be of heritage significance, see section 22.
An article continues to be covered by a declaration under subsection (1) even if the article is removed from waters after the declaration is made.
A declaration under subsection (1) remains in force until the earlier of:
the day the declaration is revoked under subsection (4); and
the day 5 years after the day the declaration is made.
The Minister may, by notifiable instrument, vary or revoke a declaration made under subsection (1).
The following table sets out the articles that may be provisionally declared under subsection (1).
Articles that may be provisionally declared | ||
|---|---|---|
Item | This kind of article: | If the article: |
1 | An article that appears to be the remains of a vessel | Is in, or has been removed from, Australian waters |
2 | An article that may be associated with a vessel, or the remains of a vessel | Is in, or has been removed from, Australia waters |
3 | An article that appears to be the remains of an aircraft | Is in, or has been removed from, Commonwealth waters |
4 | An article that may be associated with an aircraft, or the remains of an aircraft | Is in, or has been removed from, Commonwealth waters |
5 | An article that appears to be underwater cultural heritage and that is not otherwise covered by an item in this table | Is in Commonwealth waters |
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