Commonwealth Consolidated Acts

HISTORIC SHIPWRECKS ACT 1976 - SECT 5

             (1)  Where the Minister is of the opinion that the remains of a ship that are situated in Australian waters or in waters above the continental shelf of Australia are of historic significance, the Minister may, by notice published in the Gazette , declare those remains to be a historic shipwreck.

             (2)  Where the Minister is of the opinion that a particular article that was, or particular articles that were, associated with a ship, or all articles that were associated with a particular ship, being an article that is, or articles that are, situated in Australian waters or in waters above the continental shelf of Australia, is or are of historic significance, the Minister may, by notice published in the Gazette , declare the article or articles to be a historic relic or historic relics.

             (3)  The Minister may make a declaration under subsection (1) or (2) in relation to any part of the remains of a ship that has, or in relation to any article or articles that has or have, been removed from Australian waters or from waters above the continental shelf of Australia in like manner as the Minister may make a declaration under that subsection in relation to the remains of a ship, or in relation to an article or articles, situated in those waters.

             (4)  Where:

                     (a)  a declaration has been made under this section in relation to the remains of a ship or an article that were or was situated in any waters; and

                     (b)  after the making of the declaration any part of those remains or that article is removed from those waters;

the declaration continues to apply, subject to any amendment or revocation of the declaration, in relation to that part of those remains or in relation to that article notwithstanding its removal from those waters.

             (5)  Where the Minister is of the opinion that the remains of a ship (not being a military vessel wrecked after the commencement of this subsection) that are situated in Australian waters or in waters above the continental shelf of Australia are of historic or special significance to Papua New Guinea, the Minister may, by notice published in the Gazette , declare those remains to be a Papua New Guinea shipwreck.

             (6)  Where the Minister is of the opinion that a particular article that was, or particular articles that were, associated with a ship (not being a military vessel wrecked after the commencement of this subsection), or all articles that were associated with a particular ship (not being a military vessel wrecked after the commencement of this subsection), being an article that is, or articles that are, situated in Australian waters or in waters above the continental shelf of Australia, is or are of historic or special significance to Papua New Guinea, the Minister may, by notice published in the Gazette , declare the article or articles to be a Papua New Guinea relic or Papua New Guinea relics.