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HISTORIC SHIPWRECKS ACT 1976 - SECT 20

Declaration as to ownership of remains of ships or relics

             (1)  Where the Minister is of the opinion that it is necessary to do so for the purpose of carrying out or giving effect to the Australia‑Netherlands Agreement, the Minister may, by notice published in the Gazette , declare the ownership of a specified Dutch shipwreck to be vested in a specified authority of the Commonwealth and, upon the publication of the notice, that authority becomes, by force of this subsection, the owner of that Dutch shipwreck free of any charges or other encumbrances.

             (2)  Where the Minister is of the opinion that it is necessary to do so for the purpose of carrying out or giving effect to the Australia‑Netherlands Agreement, the Minister may, by notice published in the Gazette , declare the ownership of a specified Dutch relic to be vested in a specified authority of the Commonwealth, in the State of Western Australia, in a specified authority of that State or in the Government of the Kingdom of the Netherlands and, upon the publication of the notice, the authority of the Commonwealth, the State of Western Australia, the authority of that State or the Government of the Kingdom of the Netherlands, as the case may be, becomes, by force of this subsection, the owner of that Dutch relic free of any charges or other encumbrances.

             (3)  Where the Minister is of the opinion that it is necessary to do so for the purpose of carrying out or giving effect to this Act or any relevant agreement other than the Australia‑Netherlands Agreement, the Minister may, by notice published in the Gazette , declare the ownership of the remains of a specified ship, or of a specified article that was associated with a ship, or of all articles that were associated with a specified ship, to be vested in the Commonwealth, in a specified State, in a specified authority of the Commonwealth or of a State, in the Government of a specified country other than Australia or in any other specified person and, upon the publication of the notice, the Commonwealth, the State, the authority, the Government, or the other person, as the case may be, becomes, by force of this subsection, the owner of those remains or of that article or those articles, free of any charges or other encumbrances.

             (4)  The publication of a notice under this section in relation to a Dutch shipwreck, the remains of a ship not being a Dutch shipwreck, a Dutch relic or any other article does not affect the application of any other provision of this Act to or in relation to that Dutch shipwreck, the remains of that ship, that Dutch relic or that other article, as the case may be.

             (5)  Nothing in this section affects any power of the Commonwealth otherwise than under this Act to dispose of or otherwise deal with any remains of a ship, or any articles, that are the property of the Commonwealth.



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