Commonwealth Consolidated Acts

HISTORIC SHIPWRECKS ACT 1976 - SECT 2

             (1)  This Act shall come into operation on the day on which it receives the Royal Assent but shall not apply in relation to waters (including waters above the continental shelf) adjacent to the coast of a State until a Proclamation has been made declaring that this Act applies in relation to waters adjacent to the coast of that State.

             (2)  A Proclamation under subsection (1) may be expressed to relate only to a specified part of the waters adjacent to the coast of a State and, where a Proclamation so expressed is made, this Act shall commence to apply in relation to that part of those waters only.

             (3)  Proclamations under subsection (1) in relation to waters adjacent to the coasts of New South Wales, Queensland and Western Australia having been made, before the commencement of this subsection, at the request or with the consent of the Governments of those States respectively, no further Proclamation under that subsection shall be made except at the request or with the consent of the Government of the State concerned.

             (4)  If, after this Act has commenced to apply in relation to any waters adjacent to the coast of a State, the Government of the State notifies the Government of the Commonwealth that it desires that this Act shall cease to apply in relation to those waters or a specified part of those waters, the Governor‑General shall, by Proclamation, declare that this Act shall, on a date specified in the Proclamation, cease to apply accordingly and, upon that date, this Act shall cease to apply in relation to the waters specified in the Proclamation or to or in relation to remains of ships, and articles, that are in those waters or have been removed from those waters, and section 8 of the Acts Interpretation Act 1901 has effect as if this Act, to the extent that it so ceases to apply, had been repealed on that date by another Act.

             (5)  A Government of a State may, in a notification to the Government of the Commonwealth under subsection (4), request that this Act shall continue to be applicable to and in relation to specified articles, or articles of a specified class, removed from the waters referred to in the notification and, in that event, the Proclamation under that subsection shall provide, and have effect, accordingly.

             (6)  Nothing contained in, or done under, subsection (4) affects the application of this Act to or in relation to a Dutch shipwreck or Dutch relic, and a Proclamation under that subsection in relation to waters adjacent to Western Australia shall declare that the Proclamation does not affect the application of this Act to or in relation to any wrecked vessel or article that is a Dutch shipwreck or Dutch relic within the meaning of this Act.

             (7)  Where the Governor‑General is satisfied that arrangements made, apart from this Act, with respect to Dutch shipwrecks or Dutch relics make it appropriate to do so, the Governor‑General may, by Proclamation, declare that this Act shall, on a date specified in the Proclamation, cease to apply to and in relation to all Dutch shipwrecks and Dutch relics, or such Dutch shipwrecks and Dutch relics as are in, or have been removed from, a specified part of the waters adjacent to Western Australia and, where such a Proclamation is made, section 8 of the Acts Interpretation Act 1901 has effect as if this Act, to the extent that it is so declared to cease to apply, had been repealed by another Act on the date specified in the Proclamation.

             (8)  A Proclamation under subsection (7) may provide that this Act shall continue to be applicable to and in relation to specified Dutch relics, or Dutch relics of a specified class, removed from the waters to which the Proclamation relates and in that event this Act shall have effect accordingly.

             (9)  Subsections (4) and (5) have effect as if the Northern Territory were a State.

          (9A)  Nothing contained in, or done under, subsection (4) affects the application of this Act to or in relation to a Papua New Guinea shipwreck or a Papua New Guinea relic and a Proclamation under that subsection in relation to waters adjacent to Queensland shall declare that the Proclamation does not affect the application of this Act to or in relation to any wrecked vessel or article that is a Papua New Guinea shipwreck or Papua New Guinea relic within the meaning of this Act.

          (9B)  Where the Governor‑General is satisfied that arrangements made, apart from this Act, with respect to a Papua New Guinea shipwreck or Papua New Guinea shipwrecks or a Papua New Guinea relic or Papua New Guinea relics make it appropriate to do so, the Governor‑General may, by Proclamation, declare that this Act shall, on a date specified in the Proclamation, cease to apply to and in relation to that Papua New Guinea shipwreck or those Papua New Guinea shipwrecks, or that Papua New Guinea relic or those Papua New Guinea relics and, where such a Proclamation is made, section 8 of the Acts Interpretation Act 1901 has effect as if this Act, to the extent that it is so declared to cease to apply, had been repealed by another Act on the date specified in the Proclamation.

           (10)  Where a Proclamation is expressed to be made in accordance with a specified subsection of this section, it shall be conclusively presumed that any request or consent of, or notification by, the Government of a State, or any other condition precedent, that is necessary or applicable under that subsection has been duly made, given or complied with.