Western Australian Consolidated Acts

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MARITIME ARCHAEOLOGY ACT 1973 - SECT 6

6 .         Vesting

        (1)         The property in and right to possession of all historic ships and maritime archaeological sites is vested in the Museum on behalf of the Crown.

        (2)         Subject to section 21, and unless the object in question — 

            (a)         is an object taken or recovered from a ship mentioned in the First Schedule in relation to which due notice was given to the Director under the provisions of section 20C of the Museum Act 1959  2 , or of section 42 of the Museum Act 1969 , and in respect of the disposal of which the written permission of the Trustees has been given; or

            (b)         is an object taken or recovered before 18 December 1964 from a ship mentioned in the Second Schedule,

                and was immediately prior to the coming into operation of this Act in the lawful possession of a person, the property in and right to possession of all relics derived from or associated with a historic ship is vested in the Museum on behalf of the Crown.

        (3)         Subject to section 21, the property in and right to possession of any object which, in the opinion of the Director, was abandoned in the State before the year 1900 and derives from or was associated with any ship, whether or not a historic ship within the meaning of this Act, and which was not, immediately prior to the coming into operation of this Act, in the lawful possession of a person, is vested in the Museum on behalf of the Crown.

        (4)         Where the Trustees are satisfied that relics were recovered from a historic ship before 18 December 1964, and particulars of that historic ship do not appear in the Second Schedule, the Governor, on the recommendation of the Trustees, may by Order in Council, notice of which shall be published in the Gazette , add the particulars of that historic ship to the Second Schedule and thereupon that schedule as thereby amended shall be deemed to have been so enacted in this Act.



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