Commonwealth Consolidated Acts

HISTORIC SHIPWRECKS ACT 1976 - SECT 7

             (1)  Subject to subsection (1A), the Minister may, by notice published in the Gazette , declare an area (not exceeding 200 hectares) consisting of sea or partly of sea and partly of land within which a historic shipwreck is, or a historic relic is or historic relics are, situated to be a protected zone.

          (1A)  A declaration under subsection (1) shall not apply to an area consisting of sea or land within the limits of a State unless there is situated within the area a historic shipwreck or a historic relic to which a declaration under section 3A applies.

             (2)  Where the Minister is of the opinion that it is necessary to do so for the purposes of protecting a historic shipwreck, a historic relic or historic relics, the Minister may, by notice published in the Gazette , extend an area comprising a protected zone under subsection (1) to include a further area consisting of sea or partly of sea and partly of land (being sea or land within the limits of a State) but so that the total area does not exceed 200 hectares and, where an area is so extended to include a further area, the protected zone includes that further area.

             (3)  Where a notice declaring an area to be, or to be included in, a protected zone is in force under subsection (1) or (2), the protected zone shall be taken to include the airspace above that area and, to the extent to which that area consists of the surface of any sea, to include the waters beneath that area, the sea‑bed beneath those waters and the subsoil of that sea‑bed.

          (3A)  Where a declaration under section 4A is revoked in relation to the remains of a ship or to an article, any notice under this section in relation to the remains or to the article ceases to be in force, but this subsection does not prevent the publication in the Gazette of a further notice under this section in relation to the remains or to the article if a notice is published in the Gazette under section 5 or 6 in relation to the remains or to the article.

             (4)  Where a notice under section 5 or 6 in relation to the remains of a ship or in relation to an article or articles is revoked or otherwise ceases to be in force, any notice under this section in relation to the remains or in relation to the article or articles ceases to be in force but this subsection does not prevent the publication in the Gazette of a further notice under this section in relation to the remains or in relation to the article or articles if a further notice is published in the Gazette under section 5 or 6 in relation to the remains or in relation to the article or articles.