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Historic Shipwrecks Regulations 1978

Authoritative Version
SR 1978 No 93 Regulations as amended, taking into account amendments up to SR 2002 No. 8
Administered by: Environment and Energy
Start Date 21 Feb 2002
Date of repeal 20 Sep 2018
Repealed by Historic Shipwrecks Regulations 2018

HISTORIC SHIPWRECKS REGULATIONS 1978



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Historic Shipwrecks Regulations 1978

Statutory Rules 1978 No. 93 as amended
made under the
Historic Shipwrecks Act 1976
This compilation was prepared on 21 February 2002
taking into account amendments up to SR 2002 No. 8
Prepared by the Office of Legislative Drafting,
Attorney-General's Department, Canberra


HISTORIC SHIPWRECKS REGULATIONS 1978
- REG 1
Name of Regulations [see Note 1]

These Regulations are the Historic Shipwrecks Regulations 1978.

HISTORIC SHIPWRECKS REGULATIONS 1978
- REG 2
Interpretation

In these Regulations:

ship includes a hovercraft and any similar craft.

the Act means the Historic Shipwrecks Act 1976.

HISTORIC SHIPWRECKS REGULATIONS 1978
- REG 3
Prescribed fee for the purposes of subsection 12 (3) of the
Act

For the purposes of subsection 12 (3) of the Act, the prescribed fee, on payment of which a person is entitled to be furnished with a copy of, or of any part of, the Register, is 50 cents per page of the copy.

HISTORIC SHIPWRECKS REGULATIONS 1978
- REG 4
Prohibition of certain activities in protected zones
generally

(1)
A person shall not do any of the following acts:

(a)
bring into a protected zone equipment constructed or adapted for diving, salvage or recovery operations, or any explosives, instruments or tools the use of which would be likely to cause damage to, or interference with, a historic shipwreck or a historic relic situated within that protected zone;

(b)
use within a protected zone any such equipment, explosives, instruments or tools;

(c)
cause a ship carrying any such equipment, explosives, instruments or tools to enter, or remain within, a protected zone;

(d)
trawl, or dive or engage in any other underwater activity, within a protected zone;

(e)
moor or use ships within a protected zone.

Penalty:   10 penalty units, or imprisonment for 1 year, or both.

(2) However, it is a defence to a prosecution under subregulation (1) if the person:

(a)
is acting in accordance with a permit granted under subsection 15 (1) of the Act; or

(b)
has a reasonable excuse.


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Note   A defendant bears an evidential burden in relation to the matters mentioned in subregulation (2) (see section 13.3 of the Criminal Code).

HISTORIC SHIPWRECKS REGULATIONS 1978
- REG 4A
Prescribed amount for the purposes of subsection 18 (1) of the
Act

For the purposes of subsection 18 (1) of the Act the prescribed amount is $50,000.

HISTORIC SHIPWRECKS REGULATIONS 1978
- REG 5
Identity card

(1)
An identity card required by subsection 22 (2) of the Act to be issued to each inspector appointed under subsection 22 (1) of the Act shall be substantially in accordance with the form in the Schedule.

(2)
Each identity card issued under subsection 22 (2) shall be numbered consecutively.

(3)
The Minister shall cause a record to be kept of each identity card issued and of its number.

HISTORIC SHIPWRECKS REGULATIONS 1978
Schedule Inspector's Identity Card No.

(regulation 5)

COMMONWEALTH OF AUSTRALIA

Historic Shipwrecks Act 1976

(subsection 22 (2))

INSPECTOR'S IDENTITY CARD No.

The person whose name, address, photograph and signature appear below is an inspector for the purposes of the Historic Shipwrecks Act 1976.

Name
Photograph
Address

Signature

Dated this day of 19 .

Minister of State for Home Affairs

HISTORIC SHIPWRECKS REGULATIONS 1978
Notes to the Historic Shipwrecks Regulations 1978


Note 1

The Historic Shipwrecks Regulations 1978 (in force under the Historic Shipwrecks Act 1976) as shown in this compilation comprise Statutory Rules 1978 No. 93 amended as indicated in the Tables below.

Table of Statutory Rules

Year and
number
Date of notification
in Gazette
Date of
commencement
Application, saving or
transitional provisions
1978 No. 93
27 June 1978
27 June 1978

1979 No. 124
5 July 1979
5 July 1979

1980 No. 391
31 Dec 1980
31 Dec 1980

1983 No. 24
28 Feb 1983
28 Feb 1983

1990 No. 115
5 June 1990
5 June 1990

2002 No. 8
21 Feb 2002
21 Feb 2002


Table of Amendments

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected
How affected
R. 1
rs. 2002 No. 8
R. 2
am. 1983 No. 24; 1990 No. 115
R. 4
am. 1979 No. 124; 1983 No. 24; 1990 No. 115; 2002 No. 8
Rr. 4AA, 4AB
ad. 1983 No. 24

rep. 1990 No. 115
R. 4A
ad. 1980 No. 391