Commonwealth Numbered Acts

HISTORIC SHIPWRECKS AMENDMENT ACT 1980 No. 88 of 1980 - SECT 4

4. Section 2 of the Principal Act is amended by adding at the end thereof the
following sub-sections:



"(2) A Proclamation under sub-section (1) may be expressed to relate only to a
specified part of the waters adjacent to the coast of a State and, where a
Proclamation so expressed is made, this Act shall commence to apply in
relation to that part of those waters only.



"(3) Proclamations under sub-section (1) in relation to waters adjacent to the
coasts of New South Wales, Queensland and Western Australia having been made,
before the commencement of this sub-section, at the request or with the
consent of the Governments of those States respectively, no further
Proclamation under that sub-section shall be made except at the request or
with the consent of the Government of the State concerned.



"(4) If, after this Act has commenced to apply in relation to any waters
adjacent to the coast of a State, the Government of the State notifies the
Government of the Commonwealth that it desires that this Act shall cease to
apply in relation to those waters or a specified part of those waters, the
Governor-General shall, by Proclamation, declare that this Act shall, on a
date specified in the Proclamation, cease to apply accordingly and, upon that
date, this Act shall cease to apply in relation to the waters specified in the
Proclamation or to or in relation to remains of ships, and articles, that are
in those waters or have been removed from those waters, and section 8 of the
Acts Interpretation Act 1901 has effect as if this Act, to the extent that it
so ceases to apply, had been repealed on that date by another Act.



"(5) A Government of a State may, in a notification to the Government of the
Commonwealth under sub-section (4), request that this Act shall continue to be
applicable to and in relation to specified articles, or articles of a
specified class, removed from the waters referred to in the notification and,
in that event, the Proclamation under that sub-section shall provide, and have
effect, accordingly.



"(6) Nothing contained in, or done under, sub-section (4) affects the
application of this Act to or in relation to a Dutch shipwreck or Dutch relic,
and a Proclamation under that sub-section in relation to waters adjacent to
Western Australia shall declare that the Proclamation does not affect the
application of this Act to or in relation to any wrecked vessel or article
that is a Dutch shipwreck or Dutch relic within the meaning of this Act.



"(7) Where he is satisfied that arrangements made, apart from this Act, with
respect to Dutch shipwrecks or Dutch relics make it appropriate for him to do
so, the Governor-General may, by Proclamation, declare that this Act shall, on
a date specified in the Proclamation, cease to apply to and in relation to all
Dutch shipwrecks and Dutch relics, or such Dutch shipwrecks and Dutch relics
as are in, or have been removed from, a specified part of the waters adjacent
to Western Australia and, where such a Proclamation is made, section 8 of the
Acts Interpretation Act 1901 has effect as if this Act, to the extent that it
is so declared to cease to apply, had been repealed by another Act on the date
specified in the Proclamation.



"(8) A Proclamation under sub-section (7) may provide that this Act shall
continue to be applicable to and in relation to specified Dutch relics, or
Dutch relics of a specified class, removed from the waters to which the
Proclamation relates and in that event this Act shall have effect accordingly.



"(9) Sub-sections (4) and (5) have effect as if the Northern Territory were a
State.



"(10) Where a Proclamation is expressed to be made in accordance with a
specified sub-section of this section, it shall be conclusively presumed that
any request or consent of, or notification by, the Government of a State, or
any other condition precedent, that is necessary or applicable under that sub-
section has been duly made, given or complied with.".