South Australian Consolidated Acts

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HISTORIC SHIPWRECKS ACT 1981 - SECT 3

3—Interpretation

        (1)         In this Act, unless the contrary intention appears—

"Adelaide Dolphin Sanctuary" has the same meaning as in the Adelaide Dolphin Sanctuary Act 2005 ;

"the Commonwealth Act" means the Historic Shipwrecks Act 1976 of the Commonwealth;

"historic relic" means—

            (aa)         an article to which section 4A(3) or (4) applies;

            (a)         an article to which a notice in force under section 5(2) applies;

            (b)         an article to which a notice in force under section 6(2) applies;

"historic shipwreck" means—

            (aa)         the remains of a ship to which section 4A(1) or (2) applies; or

            (a)         the remains of a ship to which a notice in force under section 5(1) applies; or

            (b)         an article or articles to which a notice in force under section 6(1) applies;

"inspector" means a person appointed as an inspector under section 21 or a police officer;

"protected zone" means a protected zone constituted under section 7;

"Register" means the Register of Historic Shipwrecks kept under section 12;

"River Murray" has the same meaning as in the River Murray Act 2003 ;

"River Murray Protection Area" means a River Murray Protection Area under the River Murray Act 2003 ;

"ship" includes any vessel used in navigation by water;

"territorial waters of the State" means—

            (a)         waters within the limits of the State; or

            (b)         waters adjacent to the State being waters to which the Commonwealth Act does not apply.

        (2)         A reference in this Act to the remains of a ship, or to an article or articles being situated in, or having been removed from, any waters includes a reference to the remains of a ship or to an article or articles—

            (a)         being situated in or forming part of, or having been removed from, as the case may be, the surface or subsoil of land submerged by those waters; or

            (b)         being situated on or forming part of, or having been removed from, as the case may be, a reef in those waters.

        (3)         A thing will not be taken not to be an article for the purposes of this Act by reason that it is attached to the remains of a ship, to a reef or, to the subsoil of submerged land.

        (4)         A reference in this Act to an article associated with a ship will be construed as a reference to an article that appears to have formed part of, to have been installed or carried on, or to have been constructed or used by a person associated with, a ship.



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