Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) If a Minister of a State informs the Minister, in writing, that the Government of the State recommends that a declaration be made under this subsection in relation to the State, the Minister may, by notice in writing published in the Gazette , declare all remains of ships (whether or not the existence and location of the remains are known) that are:
(a) situated in Australian waters, or waters above the continental shelf of Australia, adjacent to the coast of the State; and
(b) at least 75 years old;
to be historic shipwrecks, and, where such a declaration is made, the declaration extends to remains (including remains that come into existence, because of a shipwreck or otherwise, after the making of the declaration) that, after the making of the declaration, become remains to which paragraphs (a) and (b) apply.
(2) The Minister may, by notice in writing published in the Gazette , declare all remains of ships (whether or not the existence and location of the remains are known) that are:
(a) situated in Australian waters, or waters above the continental shelf of Australia, adjacent to the coast of a Territory; and
(b) at least 75 years old;
to be historic shipwrecks, and, where such a declaration is made, the declaration extends to remains (including remains that come into existence, because of a shipwreck or otherwise, after the making of the declaration) that, after the making of the declaration, become remains to which paragraphs (a) and (b) apply.
(3) Subject to subsection (10) where:
(a) the whole of the remains of a ship have been removed from waters; and
(b) if the remains had not been so removed, a declaration under subsection (1) or (2) would have applied in relation to those remains;
the declaration applies in relation to those remains.
(4) Subject to subsection (10), where:
(a) part of the remains of a ship has been removed from waters; and
(b) a declaration made under subsection (1) or (2) applies in relation to the part of the remains remaining in those waters;
the declaration applies also in relation to the part of the remains that has been removed from those waters.
(5) Subject to subsection (10), where:
(a) a declaration under subsection (1) or (2) applies in relation to the remains of a ship situated in waters; and
(b) part of the remains of the ship is, or the whole of the remains of the ship are, removed from those waters;
the declaration continues to apply in relation to the part, or to the whole, of those remains.
(6) If a Minister of a State informs the Minister, in writing, that the Government of the State recommends that a declaration be made under this subsection in relation to the State, the Minister may, by notice in writing published in the Gazette , declare every article (whether or not the existence and location of the article is known) that:
(a) was associated with a ship;
(b) is situated in Australian waters, or waters above the continental shelf of Australia, adjacent to the coast of the State; and
(c) either:
(i) was associated with the remains of a ship that are at least 75 years old; or
(ii) entered waters referred to in paragraph (b) at least 75 years ago;
to be a historic relic, and, where such a declaration is made, the declaration extends to every article that, after making of the declaration, becomes (whether by reason of a shipwreck or otherwise) an article to which paragraphs (a), (b) and (c) apply.
(7) The Minister may, by notice in writing published in the Gazette , declare every article (whether or not the existence and location of the article is known) that:
(a) was associated with a ship;
(b) is situated in Australian waters, or waters above the continental shelf of Australia, adjacent to the coast of a Territory; and
(c) either:
(i) was associated with the remains of a ship that is at least 75 years old; or
(ii) entered waters referred to in paragraph (b) at least 75 years ago;
to be a historic relic, and, where such a declaration is made, the declaration extends to every article that, after the making of the declaration, becomes (whether by reason of a shipwreck or otherwise) an article to which paragraphs (a), (b) and (c) apply.
(8) Subject to subsection (10), where:
(a) an article has been removed from waters; and
(b) if the article had not been so removed, a declaration under subsection (4) or (5) would have applied in relation to that article;
the declaration applies in relation to that article.
(9) Subject to subsection (10), where:
(a) a declaration under subsection (6) or (7) applies in relation to an article situated in waters; and
(b) that article is removed from those waters;
the declaration continues to apply in relation to that article.
(10) Where a declaration under this section applies in relation to the remains of a ship or to an article, the Minister may, by notice in writing, published in the Gazette , revoke that declaration to the extent that it applies in relation to those remains, to a specified part of those remains or to that article, as the case requires.
(11) In this section:
"State" includes the Northern Territory and Norfolk Island.
"Territory" does not include the Northern Territory or Norfolk Island.
(12) In this section:
(a) a reference to a Minister of a State shall, except in relation to the Northern Territory or Norfolk Island, be read as a reference to a Minister of the Crown of the State;
(b) a reference to a Minister of a State shall, in relation to the Northern Territory, be read as a reference to a person holding an office referred to in section 34 of the Northern Territory (Self‑Government Act) 1978 ; and
(c) a reference to a Minister of a State shall, in relation to Norfolk Island, be read as a reference to a person holding office under section 13 of the Norfolk Island Act 1979 .
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