Underwater Cultural Heritage Act 2018

The Minister may, by legislative instrument, declare an area containing protected underwater cultural heritage to be a protected zone.

A declaration must not be made of an area that consists of sea or land within the limits of a State or the Northern Territory, unless protected underwater cultural heritage to which a declaration under subsection 11(2), (3) or (4) or 13(2), (3) or (4) applies is in the area.

In making a declaration under subsection (1), the Minister must have regard to the following matters:

the need to protect underwater cultural heritage that is of particular national or international significance, is rare or is subject to an international treaty or agreement (however described);

the need to limit access to environmentally, socially or archaeologically sensitive underwater cultural heritage;

the need to protect underwater cultural heritage that is under threat of interference, damage, destruction or removal;

any danger posed to the public by the underwater cultural heritage;

the need to improve management of underwater cultural heritage and its surrounding environment which may be subject to impacts from visitation or development activity;

the need to ensure effective monitoring of underwater cultural heritage in remote locations;

any other matter the Minister considers relevant.

An area declared under subsection (1):

must not be outside the outer limits of Australian waters; and

may consist of sea, or partly of sea and partly of land; and

may include the airspace above the area, extending to such height above the surface of the sea or land as is specified in the declaration; and

to the extent the area consists of the surface of any sea—includes the waters beneath the area, the seabed beneath that sea and the subsoil of the seabed.

The declaration must:

specify the area covered by the declaration; and

specify the period for which the declaration is in force; and

provide a description of the underwater cultural heritage sought to be protected; and

specify conduct (if any) that is prohibited (either generally or in specified circumstances) within the area covered by the declaration.

Conduct specified for the purposes of paragraph (5)(d) in relation to a protected zone is prohibited conduct in the protected zone.

Without limiting paragraph (5)(d), the declaration may prohibit (either generally or in specified circumstances) any of the following:

the entry of persons or vessels into the area;

the movement of persons or vessels within the area;

trawling or fishing in the area;

conducting underwater activity within the area;

the anchoring or mooring of vessels in the area;

the release or deposit of objects or materials in the area.