Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The Minister may, by notifiable instrument, declare an article covered by the table in subsection (5) to be protected underwater cultural heritage if the Minister is satisfied that the article is of heritage significance.
Note: For matters the Minister must have regard to when deciding whether an article is of heritage significance, see section 22.
(2) The declaration must:
(a) describe the article; and
(b) describe the heritage significance of the article; and
(c) if the article has not been removed from waters at the time the declaration is made--specify the location of the article and describe its surrounding environment.
(3) An article continues to be covered by a declaration under subsection (1) even if the article is removed from waters after the declaration is made.
(4) The Minister may, by notifiable instrument, vary or revoke a declaration made under subsection (1).
(5) The following table sets out the articles that may be declared under subsection (1).
Articles that may be declared | ||
Item | This kind of article: | If the article: |
1 | The remains of a vessel | Is in, or has been removed from, Australian waters |
2 | An article associated with a vessel, or the remains of a vessel | Is in, or has been removed from, Australia waters |
3 | The remains of an aircraft | Is in, or has been removed from, Commonwealth waters |
4 | An article associated with an aircraft, or the remains of an aircraft | Is in, or has been removed from, Commonwealth waters |
5 | An article of underwater cultural heritage that is not otherwise covered by an item in this table | Is in Commonwealth waters |