Commonwealth Consolidated Acts

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HISTORIC SHIPWRECKS ACT 1976 - SECT 6

Provisional declaration that shipwrecks and relics are historic

             (1)  Where it appears to the Minister that an article or articles appearing to be the remains of a ship that is or are situated in Australian waters or in waters above the continental shelf of Australia may be of historic significance, the Minister may, by notice published in the Gazette , provisionally declare the article or articles to be a historic shipwreck.

             (2)  Where it appears to the Minister that a particular article that is, or particular articles that are, situated in Australian waters or in waters above the continental shelf of Australia:

                     (a)  may have been associated with a ship; and

                     (b)  may be of historic significance;

the Minister may, by notice published in the Gazette , provisionally 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 article that has, or articles that 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 an article or articles situated in those waters.

             (4)  Where:

                     (a)  a declaration has been made under this section in relation to an article that was situated in any waters; and

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

the declaration continues to apply in relation to that article notwithstanding its removal from those waters.

             (5)  A notice under this section remains in force, unless sooner revoked, until the expiration of 5 years 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.



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