Commonwealth Consolidated Regulations

HISTORIC SHIPWRECKS REGULATIONS 1978 - REG 4

(1)

A person shall not do any of the following acts:

(a)

bring into a protected zone equipment constructed or adapted for diving, salvage or recovery operations, or any explosives, instruments or tools the use of which would be likely to cause damage to, or interference with, a historic shipwreck or a historic relic situated within that protected zone;

(b)

use within a protected zone any such equipment, explosives, instruments or tools;

(c)

cause a ship carrying any such equipment, explosives, instruments or tools to enter, or remain within, a protected zone;

(d)

trawl, or dive or engage in any other underwater activity, within a protected zone;

(e)

moor or use ships within a protected zone.

Penalty:   10 penalty units, or imprisonment for 1 year, or both.

(2) However, it is a defence to a prosecution under subregulation (1) if the person:

(a)

is acting in accordance with a permit granted under subsection 15 (1) of the Act; or

(b)

has a reasonable excuse.

Note    A defendant bears an evidential burden in relation to the matters mentioned in subregulation (2) (see section 13.3 of the Criminal Code ).