Western Australian Consolidated Acts Western Australian Consolidated Acts (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.
[(11) deleted]
[Section 18 amended by No. 55 of 2004
s. 710.]