MARITIME ARCHAEOLOGY ACT 1973 - SECT 18

MARITIME ARCHAEOLOGY ACT 1973 - SECT 18

18 .         Rewards as to ships and relics found

        (1)         Subject to the approval of the Minister and to the provisions of section 20, the Trustees have power to reward the person who first notifies the Director of the position of a ship that was, or appears likely to have been, lost before the year 1900, or of any relic, the position of which was not previously known to the Trustees.

        (2)         A person wishing to make a claim for a reward payable under subsection (1) should, where practicable, mark the position by leaving there a buoy or other identifiable thing that may be recovered by the Trustees, in order to verify that the position notified to the Director is the same as that investigated by the Trustees pursuant to that notification, and the Trustees may refuse the claim of any person who does not satisfy them that the position which he claims to have established has been verified.

        (3)         In order to substantiate a claim as the person reporting the position of a ship or relic for the purposes of this section the notice given to the Director should —

            (a)         state the time and date of the finding;

            (b)         contain a description of the ship or relic and of any distinguishing features sufficiently detailed to ensure so far as is practicable that it may subsequently be positively identified as being that to which the notice of the finding relates;

            (c)         give particulars of any buoy or other thing by which the claimant has marked the position;

            (d)         give as accurate a description as is practicable of the position;

            (e)         set out the particulars of the finder and the circumstances in which the find was made, including particulars of any other persons present or who rendered assistance.

        (4)         Where a person is in doubt as to whether any ship that he has found was lost before the year 1900 or that any object is a relic, he may, by notice in writing, refer the question for decision to the Director whose decision is conclusive.

        (5)         Where a person makes a claim for a reward under this section the Trustees shall, within 12 months thereafter —

            (a)         notify him that a reward or an interim payment on account of a reward will be paid; or

            (b)         notify him that it has not been possible within that time to evaluate the finding and that the Minister has directed that the Trustees may defer their decision for a further specified period; or

            (c)         notify him that his claim is not admitted, or that no reward will be payable.

        (6)         Where a person is aggrieved by the decision of the Trustees, or where no notification has been received by him within the period or further period specified in or in accordance with subsection (5) he may apply to the State Administrative Tribunal for an order requiring the Trustees to pay him such amount as is just.

        (6a)         The President of the State Administrative Tribunal is to ensure that the Tribunal is constituted by, or includes, a judicial member as defined in the State Administrative Tribunal Act 2004 when dealing with an application under subsection (6).

        (6b)         Subsection (6a) does not apply to —

            (a)         a directions hearing or other procedural hearing;

            (b)         a compulsory conference; or

            (c)         the appointment of a Tribunal member as a mediator.

        (7)         Before making any order pursuant to this section the Tribunal shall afford the Minister and the Trustees an opportunity to be heard as to the information in their possession regarding that ship or relic, the actual or probable costs of recovery and preservation, the market value of the metal content of any relic, the course of conduct of the claimant in relation to the ship or relic, any payment made to the claimant pursuant to section 20(2), the steps which should be taken in the interest of maritime archaeology, and the time factors that are envisaged, and may hear and take into consideration any objection or submission made in relation thereto.

        (8)         Subject to subsection (10), unless the Minister otherwise directs the aggregate of the moneys paid to any person by way of reward or rewards in relation to any one ship or the relics associated therewith shall not exceed $5 000.

        (9)         Where the Tribunal is satisfied that a claimant is entitled to a reward under this section and that no other circumstances make it undesirable the Tribunal may, subject to subsection (8), award to the claimant such amount as it thinks just, and on the making of any such order the Trustees shall give effect thereto according to its tenor.

        (10)         Notwithstanding the limitation referred to in subsection (8), where the Tribunal is satisfied that, regard being had to the matters referred to in subsection (7), the value of the metal content of any relics is such that the limitation should not be imposed the Tribunal may —

            (a)         in relation to those relics, order that the claimant be paid an amount not exceeding one-half of the market value of the metal content of those relics; and

            (b)         order that any such payment in respect of metal content shall not be taken into account, or shall be taken into account only to a specified extent, in calculating the amount payable for the purposes of the limitation.

        [Section 18 amended: No. 55 of 2004 s. 710.]