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HISTORIC SHIPWRECKS ACT 1981 - SECT 15

HISTORIC SHIPWRECKS ACT 1981 - SECT 15

15—Permits for exploration or recovery of shipwrecks and relics

        (1)         The Minister may, in the Minister's discretion, on application by a person, grant a permit to that person authorising that person and other persons named or described in the permit to do an act or thing specified in the permit the doing of which would otherwise be prohibited by section 13 or the regulations.

        (2)         The Minister may, when granting a permit or at any time while a permit is in force, impose conditions in respect of the permit and may at any time revoke or vary any conditions so imposed.

        (3)         The conditions that may be imposed under subsection (2) in respect of a permit authorising the doing of an act or thing include but are not limited to—

            (a)         a condition requiring the act or thing to be done in a specified manner; and

            (b)         a condition requiring the act or thing to be done only in accordance with the directions of a person named or described in the permit as a person empowered to give such directions; and

            (c)         a condition requiring articles obtained by the doing of an act that is authorised by the permit to be done to be held in custody, or dealt with, as specified in the permit or in directions given by a person named or described in the permit as a person empowered to give such directions.

        (3a)         If an application for a permit relates to a historic shipwreck or historic relic located within—

            (a)         the Adelaide Dolphin Sanctuary

                  (i)         the Minister must, in considering the application, seek to further the objects and objectives of the Adelaide Dolphin Sanctuary Act 2005 and take into account the provisions of the Adelaide Dolphin Sanctuary Management Plan under that Act; and

                  (ii)         if so required under the regulations—the Minister must, before making the Minister's decision on the application, consult with and have regard to the views of the Minister to whom the administration of the Adelaide Dolphin Sanctuary Act 2005 is committed; or

            (b)         a marine park

                  (i)         the Minister must, in considering the application, seek to further the objects of the Marine Parks Act 2007 and take into account the provisions of the management plan for the marine park under that Act; and

                  (ii)         if so required under the regulations—the Minister must, before making the Minister's decision on the application, consult with and have regard to the views of the Minister to whom the administration of the Marine Parks Act 2007 is committed; or

            (c)         the River Murray

                  (i)         the Minister must, in considering the application, seek to further the objects of the River Murray Act 2003 and the "Objectives for a Healthy River Murray under that Act and take into account the provisions of the River Murray Act Implementation Strategy under that Act; and

                  (ii)         if so required under the regulations—the Minister must, before making a decision on the application, consult with and have regard to the views of the Minister to whom the administration of the River Murray Act 2003 is committed and comply with the Minister's directions (if any) in relation to the application.

        (4)         A condition imposed in respect of a permit (other than a condition contained in a permit) or a revocation or variation of a condition so imposed takes effect when notice of the condition or of the revocation or variation is served on the person to whom the permit was granted.

        (5)         A person must not contravene a condition imposed in respect of a permit that has been granted to the person or is otherwise applicable to the person.

Maximum penalty: $10 000 or imprisonment for 2 years, or both.

        (6)         The Minister may, at any time, by notice in writing to the person to whom a permit has been granted—

            (a)         revoke the permit; or

            (b)         suspend the permit; or

            (c)         cancel the suspension of the permit.

        (7)         A suspension of a permit may be of indefinite duration or for a specified period.