Historic Shipwrecks Act 1981

This Act may be cited as the Historic Shipwrecks

Act 1981.

In this Act, unless the contrary intention appears—

Adelaide Dolphin Sanctuary has the same meaning as in the Adelaide Dolphin Sanctuary

Act 2005;

the Commonwealth Act means the

Historic Shipwrecks Act 1976 of the Commonwealth;

historic relic—see section 4A(2);

historic shipwreck—see section

4A(1);

inspector means a person appointed as an inspector under section 21 or a police officer;

marine park has the same meaning as in the

Marine Parks

Act 2007;

protected zone means a protected zone constituted under section 7;

Register means the Register of Historic

Shipwrecks kept under section 12;

River Murray has the same meaning as in the

River Murray Act 2003;

River Murray Protection Area means a River

Murray Protection Area under the River Murray

Act 2003;

ship includes any vessel used in navigation by water;

territorial waters of the State means—

waters within the limits of the State; or

waters adjacent to the State being waters to which the Commonwealth

Act does not apply;

Tribunal means the South Australian Civil and

Administrative Tribunal established under the South Australian Civil and Administrative Tribunal

Act 2013;

vessel has the same meaning as in the

Harbors and Navigation

Act 1993.

A reference in this Act to the remains of a ship, or to an article or articles being situated in, or having been removed from, any waters includes a reference to the remains of a ship or to an article or articles—

being situated in or forming part of, or having been removed from, as the case may be, the surface or subsoil of land submerged by those waters;

or

being situated on or forming part of, or having been removed from, as the case may be, a reef in those waters.

A thing will not be taken not to be an article for the purposes of this Act by reason that it is attached to the remains of a ship, to a reef or, to the subsoil of submerged land.

A reference in this Act to an article associated with a ship will be construed as a reference to an article that appears to have formed part of, to have been installed or carried on, or to have been constructed or used by a person associated with, a ship.

This Act binds the Crown.

Subject to this section, the remains of a ship are a historic shipwreck for the purposes of this Act if—

in the case of remains situated in territorial waters of the State—

the remains have been situated in such waters for 75 years or more; or

a declaration under section 5 or 6 is in force in relation to the remains; or

in the case of remains that have been removed from territorial waters of the State (whether before or after the commencement of this Act)—

the 75th anniversary of the date on which the remains first came to rest on the seabed of such waters has passed; or

a declaration under section 5 or 6 is in force in relation to the remains.

Subject to this section, an article associated with a ship is a historic relic for the purposes of this Act if—

in the case of an article situated in territorial waters of the State—

the article has been situated in such waters for 75 years or more; or

a declaration under section 5 or 6 is in force in relation to the article; or

in the case of an article that has been removed from territorial waters of this State (whether before or after the commencement of this Act)—

the 75th anniversary of the date on which the article first came to rest on the seabed of such waters has passed; or

a declaration under section 5 or 6 is in force in relation to the article.

The Governor may, by proclamation—

declare that subsection (1)(a)(i) or (1)(b)(i) does not apply to the remains, or part of the remains, of a ship or class of ships; or

declare that subsection (2)(a)(i) or (2)(b)(i) does not apply to an article or class of articles.

If the Minister is of the opinion that—

the remains of a ship situated in territorial waters of the State;

or

any part of the remains of a ship removed from territorial waters of the State, are of historic significance, the Minister may, by notice in the

Gazette, declare the remains to be a historic shipwreck.

If the Minister is of the opinion that an article, particular articles or all articles associated with a ship and situated in, or removed from, territorial waters of the State are of historic significance, the

Minister may, by notice in the Gazette, declare the article or articles to be a historic relic or historic relics.

Subject to this Act, a declaration under this Act continues to apply to remains or an article despite the removal of the remains or article from the territorial waters of the State after the making of the declaration.

This section does not apply to or in relation to—

the remains of a ship that are a historic shipwreck by virtue of section 4A(1)(a)(i) or 4A(1)(b)(i); or

an article that is a historic relic by virtue of section 4A(2)(a)(i) or 4A(2)(b)(i).

If it appears to the Minister that an article or articles appearing to be the remains of a ship situated in, or removed from, territorial waters of the State may be of historic significance, the Minister may, by notice in the

Gazette, provisionally declare the article or articles to be a historic shipwreck.

If it appears to the Minister that an article, or particular articles, situated in or removed from territorial waters of the

State—

may have been associated with a ship; and

may be of historic significance, the Minister may, by notice in the Gazette, provisionally declare the article or articles to be a historic relic or historic relics.

Subject to this Act, a declaration under this Act continues to apply to remains or an article despite the removal of the remains or article from the territorial waters of the State after the making of the declaration.

A notice under this section remains in force, unless sooner revoked, until the expiration of twelve months from the date of publication of the notice in the Gazette, but the revocation or expiration of a notice under this section does not prevent the publication in the Gazette of a further notice under this section in relation to an article or articles to which the revoked or expired notice applied.

This section does not apply to or in relation to—

the remains of a ship that are a historic shipwreck by virtue of section 4A(1)(a)(i) or 4A(1)(b)(i); or

an article that is a historic relic by virtue of section 4A(2)(a)(i) or

4A(2)(b)(i).

The Minister may, by notice in the Gazette, declare an area (not exceeding 100 hectares) consisting of water or partly of water and partly of land within which a historic shipwreck or historic relic is, situated to be a protected zone.

If a notice declaring an area to be a protected zone is in force under subsection (1), the protected zone will be taken to include the airspace above that area and, to the extent to which that area consists of the surface of water, to include the waters beneath that area and the surface and subsoil of the land submerged by those waters.

Subject to subsection (4), a notice under this section ceases to have force if the protected zone declared by the notice relates to the remains of a ship, or an article associated with a ship, that is the subject of a notice under section 5 or

6 that has been revoked or has otherwise ceased to be in force.

A notice under this section remains in force despite subsection (3) if—

the notice relates to an area within which the remains of a ship are situated and the remains are a historic shipwreck by virtue of section 4A(1)(a)(i); or

the notice relates to an area within which an article associated with a ship is situated and the article is a historic relic by virtue of section 4A(2)(a)(i).

Nothing in subsection (3) prevents the publication in the

Gazette of a further notice under this section in relation to the remains of a ship, or in relation to an article associated with a ship, if a further notice is published in the Gazette under section 5 or

6 in relation to the remains or in relation to the article.

If a notice under section 5,

6 or

7 is published in the Gazette, the

Minister may cause a copy of the notice to be published in newspapers, periodicals or other publications as the Minister thinks appropriate.

If—

a person has possession, custody or control of an article; and

a notice applying in respect of the article is published in the Gazette under section 5 or 6, the person must, within thirty days after the date of publication of the notice in the Gazette, give the prescribed notice to the Minister in relation to the article. Maximum penalty: Maximum penalty: $10 000.

If an article in respect of which a notice published in the Gazette under section 5 or 6 applies comes into the possession, custody or control of a person, the person must, within thirty days after the day on which the article comes into the person's possession, custody or control, give the prescribed notice to the Minister in relation to the article. Maximum penalty: Maximum penalty: $10 000.

It is a defence to a charge of an offence against subsection (1) or (2) in relation to an article in respect of which a notice was published in the Gazette under section 5 or 6 if the person proves that the person did not know, and had no reasonable grounds for believing, that the article was an article to which the notice related.

For the purposes of this section, the prescribed notice in relation to an article means a notice in writing describing the article and stating where the article is situated.

If it appears to the Minister that—

a person may have, or may have had, possession, custody or control of an article; and

the article is or may be, or is or may be a part of, a historic shipwreck or is or may be a historic relic, the Minister may, by notice in writing to the person, require the person, within the time specified in the notice—

to inform the Minister whether the person has, or has had, possession, custody or control of the article; and

if the person has ceased to have possession, custody or control of the article, to give the Minister particulars of the circumstances in which the person ceased to have possession, custody or control of the article;

and

if the person has transferred possession, custody or control of the article to another person, to give the Minister the name and address of the person to whom possession, custody or control of the article was transferred.

A person to whom a notice is given by the Minister under subsection (1) must not—

refuse or fail to comply with the notice to the extent that the person is capable of complying with it; or

in purported compliance with the notice, knowingly furnish information that is false or misleading. Maximum penalty: Maximum penalty: $10 000.

A person is not excused from furnishing information under this section on the ground that the information may tend to incriminate the person but the information furnished is not admissible in evidence against the person except in proceedings for an offence against this section.

If a person has possession, custody or control of an article, being, or being a part of, a historic shipwreck or being a historic relic, the

Minister may, for the purpose of—

the preservation of the article; or

the exhibition of, or the provision of access to, the article, by notice in writing, require the person to take specified action in relation to the article.

The action that a person may be required to take in relation to an article by a notice under subsection (1) includes but is not limited to—

keeping the article in a particular manner or place;

and

removing the article to a particular place within a particular time; and

doing a particular act in relation to the article within a particular time, being an act designed to assist in the preservation of the article; and

delivering the article into the custody of a particular person within a particular time.

If the Minister gives a notice to a person under subsection (1) requiring the person to take action in relation to an article other than action referred to in subsection (2)(d), the notice must include a statement that the person may, in lieu of taking that action, deliver the article within a specified time into the custody of a person specified in the notice.

A person to whom a notice is given by the Minister under subsection (1) must comply with the notice. Maximum penalty: Maximum penalty: $10 000 or imprisonment for 2 years, or both.

A civil action does not lie against a person in respect of action taken in accordance with a notice given to the person by the Minister under subsection (1).

If the Minister decides to give a person a notice under subsection (1), the person may, within

1 month after receiving the notice (or such longer period as the

Tribunal may allow), seek a review of the decision by the Tribunal under section 34 of the South Australian

Act 2013.

A person to whom a notice is given under subsection (1) may recover, as a debt due to the person from the Crown, reasonable costs incurred by the person in carrying out the requirements of the notice.

The Minister must cause to be kept a register to be known as the Register of Historic Shipwrecks.

The Minister must cause to be entered in the Register—

particulars of all known remains and articles that are historic shipwrecks or historic relics by virtue of section 4A(1)(a)(i), (1)(b)(i), (2)(a)(i) or (2)(b)(i); and

particulars of all remains and articles in relation to which declarations of historic shipwrecks or historic relics under section 5 or 6 are in force; and

particulars of areas in relation to which declarations of protected zones under section 7 are in force.

A person may inspect the Register and, on payment of the prescribed fee, is entitled to be furnished with a copy of the Register or a part of the Register.