STATUTES AMENDMENT (ENVIRONMENT AND CONSERVATION PORTFOLIO) ACT 2005 (NO 20 OF 2005)

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STATUTES AMENDMENT (ENVIRONMENT AND CONSERVATION PORTFOLIO) ACT 2005 (NO 20 OF 2005) - SCHEDULE 2

Schedule 2—Statute law revision amendment of Historic Shipwrecks Act 1981

Provision amended

How amended

Generally

Delete "Where" wherever occurring and substitute in each case:

If

Section 3(1)

definition of inspector

Delete "member of the police force" and substitute:

police officer

Section 3(1)

definition of protected zone

Delete "and by virtue of"

Section 3(3)

Delete "shall" and substitute:

will

Section 3(4)

Delete "shall" and substitute:

will

Section 5

Delete the section and substitute:

5—Certain shipwrecks and relics may be declared to be historic

(1) If the Minister is of the opinion that—

(a) the remains of a ship situated in territorial waters of the State; or

(b) any part of the remains of a ship removed from territorial waters of the State,

are of historic significance, the Minister may, by notice in the Gazette, declare the remains to be a historic shipwreck.

(2) If the Minister is of the opinion that an article, particular articles or all articles associated with a ship and situated in, or removed from, territorial waters of the State are of historic significance, the Minister may, by notice in the Gazette, declare the article or articles to be a historic relic or historic relics.

(3) Subject to this Act, a declaration under this Act continues to apply to remains or an article despite the removal of the remains or article from the territorial waters of the State after the making of the declaration.

Section 6(1)

Delete "that is or are situated in" and substitute:

situated in, or removed from,

Section 6(1)

Delete "he" and substitute:

the Minister

Section 6(1)

Delete "published"

Section 6(2)

Delete "a particular article that is, or particular articles that are, situated in" and substitute:

an article, or particular articles, situated in or removed from

Section 6(2)

Delete "he" and substitute:

the Minister

Section 6(2)

Delete "published"

Section 6(3) and (4)

Delete subsections (3) and (4) and substitute:

(3) Subject to this Act, a declaration under this Act continues to apply to remains or an article despite the removal of the remains or article from the territorial waters of the State after the making of the declaration.

Section 7(1)

Delete "published"

Section 7(1)

Delete "is, or a historic relic is or historic relics are" and substitute:

or historic relic is

Section 7(2)

Delete "shall" and substitute:

will

Section 8

Delete "such"

Section 8

Delete "he" and substitute:

the Minister

Section 9(1)

Delete "shall" and substitute:

must

Section 9(1), penalty provision

Delete the penalty provision and substitute:

Maximum penalty: $1 250.

Section 9(2)

Delete "shall" and substitute:

must

Section 9(2)

After "his" insert:

or her

Section 9(2), penalty provision

Delete the penalty provision and substitute:

Maximum penalty: $1 250.

Section 9(3)

Delete "prosecution of a person for" and substitute:

charge of

Section 9(3)

After "he" insert:

or she

Section 10(2)

Delete "shall" and substitute:

must

Section 10(2), penalty provision

Delete the penalty provision and substitute:

Maximum penalty: $1 250.

Section 10(3)

Delete "in pursuance of" and substitute:

under

Section 11(1)

Delete "such action in relation to the article as is specified in the notice" and substitute:

specified action in relation to the article

Section 11(3)

Delete "he shall in the notice inform the person" and substitute:

the notice must include a statement

Section 11(4)

Delete "shall" and substitute:

must

Section 11(4), penalty provision

Delete the penalty provision and substitute:

Maximum penalty: $2 500 or imprisonment for 2 years, or both.

Section 11(5)

Delete "any action taken by him in pursuance of a notice given to him" and substitute:

action taken in accordance with a notice given to the person

Section 11(8)

Delete "him" wherever occurring and substitute in each case:

the person

Section 12(1)

Delete "shall" and substitute:

must

Section 12(3)

Delete ", or any part of, the Register" and substitute:

the Register or a part of the Register

Section 13(1)

Delete "shall" and substitute:

must

Section 13(1)

After the present contents of subsection (1) insert:

Maximum penalty: $5 000 or imprisonment for 5 years, or both.

Section 13(3)

Delete subsection (3)

Section 15(1)

Delete "in his discretion, upon" and substitute:

in the Minister's discretion, on

Section 15(1)

Delete "any"

Section 15(3)(c)

Delete "any"

Section 15(3)(c)

Delete "such custody or dealt with in such manner as is specified in the permit or as is specified" and substitute:

custody, or dealt with, as specified in the permit or"

Section 15(3b)

Delete "his or her" and substitute:

a

Section 15(5)

Delete "shall" and substitute:

must

Section 15(5)

Delete "him" wherever occurring and substitute in each case:

the person

Section 15(5), penalty provision

Delete the penalty provision and substitute:

Maximum penalty: $2 500 or imprisonment for 2 years, or both.

Section 16

Delete "prosecution of a person for" and substitute:

charge of

Section 17(1)

Delete "shall" and substitute:

must

Section 17(1), penalty provision

Delete the penalty provision and substitute:

Maximum penalty: $1 250.

Section 17(2)

Delete "prosecution of a person for" and substitute:

charge of

Section 17(2)

After "he" insert:

or she

Section 17(3)

Delete "shall" and substitute:

must

Section 17(3)

Delete "his" and substitute:

the person's

Section 17(3), penalty provision

Delete the penalty provision and substitute:

Maximum penalty: $1 250.

Section 18(2)

Delete "shall be made out of moneys" and substitute:

must be made out of money

Section 20(1)

Delete "he" and substitute:

the Minister

Section 20(1)

Delete "published"

Section 20(2)

Delete "Upon" and substitute:

On

Section 20(4)

Delete "his" and substitute:

the

Section 20(5)

Delete "Upon" and substitute:

On

Section 21(1)

Delete ", by writing signed by him,"

Section 21(2)

Delete "shall" and substitute:

must

Section 21(2)

Delete "in accordance with the prescribed form"

Section 21(3)

Delete "shall forthwith return his" and substitute:

must immediately return his or her

Section 21(3), penalty provision

Delete the penalty provision and substitute:

Maximum penalty: $125.

Section 22(1)

After "him" insert:

or her

Section 22(1)(c)

Delete "any cargo" and substitute:

cargo

Section 22(1)(c)

Delete "any ship" and substitute:

a ship

Section 22(1)(c)

Delete "any such" and substitute:

such

Section 22(1)(d)

Delete "any" wherever occurring and substitute in each case:

a

Section 22(1)(d)

Delete "his" and substitute:

the person's

Section 22(2)

After "him" insert:

or her

Section 22(4)

Delete "shall" and substitute:

must

Section 22(5)

Delete "shall" and substitute:

must

Section 22(5)(a)

Delete "made of him by" and substitute:

of

Section 22(5)(b)

Delete "he" and substitute:

the person

Section 22(5), penalty provision

Delete the penalty provision and substitute:

Maximum penalty: $1 250.

Section 22(6)

Delete "he" and substitute:

the person

Section 22(6)

After "him" insert:

or her

Section 22(7)

Delete "and is punishable, on conviction, by a fine not exceeding two thousand dollars, or imprisonment for a period not exceeding two years, or both"

Section 22(7)

After the present contents of subsection (7) insert:

Maximum penalty: $2 500 or imprisonment for 2 years, or both.

Section 23(2)

Delete "member of the police force" wherever occurring and substitute in each case:

police officer

Section 23(2)

Delete "shall" and substitute:

must

Section 23(2)(b)

After "his" insert:

or her

Section 23(3)

Delete "shall forthwith" and substitute:

must immediately

Section 23(3)

Delete "him" and substitute:

the person

Section 24(1)

Delete "he" and substitute:

the inspector

Section 26(2)

Delete "shall" and substitute:

will

Section 27

Delete the section and substitute:

27—Delegation

(1) The Minister may delegate to a body or person (including a person for the time being holding or acting in a specified office or position) a function or power of the Minister under this Act.

(2) A delegation under this section—

(a) must be by instrument in writing; and

(b) may be absolute or conditional; and

(c) does not derogate from the power of the Minister to act in a matter; and

(d) is revocable at will.

(3) A function or power delegated under this section may, if the instrument of delegation so provides, be further delegated.

Section 28(3)

Delete "in pursuance of" and substitute:

under

Provision amended	How amended
Generally	Delete "Where" wherever occurring and substitute in each case: If
Section 3(1) definition of *inspector*	Delete "member of the police force" and substitute: police officer
Section 3(1) definition of *protected zone*	Delete "and by virtue of"
Section 3(3)	Delete "shall" and substitute: will
Section 3(4)	Delete "shall" and substitute: will
Section 5	Delete the section and substitute: 5—Certain shipwrecks and relics may be declared to be historic (1) If the Minister is of the opinion that— (a) the remains of a ship situated in territorial waters of the State; or (b) any part of the remains of a ship removed from territorial waters of the State, are of historic significance, the Minister may, by notice in the Gazette, declare the remains to be a historic shipwreck. (2) If the Minister is of the opinion that an article, particular articles or all articles associated with a ship and situated in, or removed from, territorial waters of the State are of historic significance, the Minister may, by notice in the Gazette, declare the article or articles to be a historic relic or historic relics. (3) Subject to this Act, a declaration under this Act continues to apply to remains or an article despite the removal of the remains or article from the territorial waters of the State after the making of the declaration.
Section 6(1)	Delete "that is or are situated in" and substitute: situated in, or removed from,
Section 6(1)	Delete "he" and substitute: the Minister
Section 6(1)	Delete "published"
Section 6(2)	Delete "a particular article that is, or particular articles that are, situated in" and substitute: an article, or particular articles, situated in or removed from
Section 6(2)	Delete "he" and substitute: the Minister
Section 6(2)	Delete "published"
Section 6(3) and (4)	Delete subsections (3) and (4) and substitute: (3) Subject to this Act, a declaration under this Act continues to apply to remains or an article despite the removal of the remains or article from the territorial waters of the State after the making of the declaration.
Section 7(1)	Delete "published"
Section 7(1)	Delete "is, or a historic relic is or historic relics are" and substitute: or historic relic is
Section 7(2)	Delete "shall" and substitute: will
Section 8	Delete "such"
Section 8	Delete "he" and substitute: the Minister
Section 9(1)	Delete "shall" and substitute: must
Section 9(1), penalty provision	Delete the penalty provision and substitute: Maximum penalty: $1 250.
Section 9(2)	Delete "shall" and substitute: must
Section 9(2)	After "his" insert: or her
Section 9(2), penalty provision	Delete the penalty provision and substitute: Maximum penalty: $1 250.
Section 9(3)	Delete "prosecution of a person for" and substitute: charge of
Section 9(3)	After "he" insert: or she
Section 10(2)	Delete "shall" and substitute: must
Section 10(2), penalty provision	Delete the penalty provision and substitute: Maximum penalty: $1 250.
Section 10(3)	Delete "in pursuance of" and substitute: under
Section 11(1)	Delete "such action in relation to the article as is specified in the notice" and substitute: specified action in relation to the article
Section 11(3)	Delete "he shall in the notice inform the person" and substitute: the notice must include a statement
Section 11(4)	Delete "shall" and substitute: must
Section 11(4), penalty provision	Delete the penalty provision and substitute: Maximum penalty: $2 500 or imprisonment for 2 years, or both.
Section 11(5)	Delete "any action taken by him in pursuance of a notice given to him" and substitute: action taken in accordance with a notice given to the person
Section 11(8)	Delete "him" wherever occurring and substitute in each case: the person
Section 12(1)	Delete "shall" and substitute: must
Section 12(3)	Delete ", or any part of, the Register" and substitute: the Register or a part of the Register
Section 13(1)	Delete "shall" and substitute: must
Section 13(1)	After the present contents of subsection (1) insert: Maximum penalty: $5 000 or imprisonment for 5 years, or both.
Section 13(3)	Delete subsection (3)
Section 15(1)	Delete "in his discretion, upon" and substitute: in the Minister's discretion, on
Section 15(1)	Delete "any"
Section 15(3)(c)	Delete "any"
Section 15(3)(c)	Delete "such custody or dealt with in such manner as is specified in the permit or as is specified" and substitute: custody, or dealt with, as specified in the permit or"
Section 15(3b)	Delete "his or her" and substitute: a
Section 15(5)	Delete "shall" and substitute: must
Section 15(5)	Delete "him" wherever occurring and substitute in each case: the person
Section 15(5), penalty provision	Delete the penalty provision and substitute: Maximum penalty: $2 500 or imprisonment for 2 years, or both.
Section 16	Delete "prosecution of a person for" and substitute: charge of
Section 17(1)	Delete "shall" and substitute: must
Section 17(1), penalty provision	Delete the penalty provision and substitute: Maximum penalty: $1 250.
Section 17(2)	Delete "prosecution of a person for" and substitute: charge of
Section 17(2)	After "he" insert: or she
Section 17(3)	Delete "shall" and substitute: must
Section 17(3)	Delete "his" and substitute: the person's
Section 17(3), penalty provision	Delete the penalty provision and substitute: Maximum penalty: $1 250.
Section 18(2)	Delete "shall be made out of moneys" and substitute: must be made out of money
Section 20(1)	Delete "he" and substitute: the Minister
Section 20(1)	Delete "published"
Section 20(2)	Delete "Upon" and substitute: On
Section 20(4)	Delete "his" and substitute: the
Section 20(5)	Delete "Upon" and substitute: On
Section 21(1)	Delete ", by writing signed by him,"
Section 21(2)	Delete "shall" and substitute: must
Section 21(2)	Delete "in accordance with the prescribed form"
Section 21(3)	Delete "shall forthwith return his" and substitute: must immediately return his or her
Section 21(3), penalty provision	Delete the penalty provision and substitute: Maximum penalty: $125.
Section 22(1)	After "him" insert: or her
Section 22(1)(c)	Delete "any cargo" and substitute: cargo
Section 22(1)(c)	Delete "any ship" and substitute: a ship
Section 22(1)(c)	Delete "any such" and substitute: such
Section 22(1)(d)	Delete "any" wherever occurring and substitute in each case: a
Section 22(1)(d)	Delete "his" and substitute: the person's
Section 22(2)	After "him" insert: or her
Section 22(4)	Delete "shall" and substitute: must
Section 22(5)	Delete "shall" and substitute: must
Section 22(5)(a)	Delete "made of him by" and substitute: of
Section 22(5)(b)	Delete "he" and substitute: the person
Section 22(5), penalty provision	Delete the penalty provision and substitute: Maximum penalty: $1 250.
Section 22(6)	Delete "he" and substitute: the person
Section 22(6)	After "him" insert: or her
Section 22(7)	Delete "and is punishable, on conviction, by a fine not exceeding two thousand dollars, or imprisonment for a period not exceeding two years, or both"
Section 22(7)	After the present contents of subsection (7) insert: Maximum penalty: $2 500 or imprisonment for 2 years, or both.
Section 23(2)	Delete "member of the police force" wherever occurring and substitute in each case: police officer
Section 23(2)	Delete "shall" and substitute: must
Section 23(2)(b)	After "his" insert: or her
Section 23(3)	Delete "shall forthwith" and substitute: must immediately
Section 23(3)	Delete "him" and substitute: the person
Section 24(1)	Delete "he" and substitute: the inspector
Section 26(2)	Delete "shall" and substitute: will
Section 27	Delete the section and substitute: 27—Delegation (1) The Minister may delegate to a body or person (including a person for the time being holding or acting in a specified office or position) a function or power of the Minister under this Act. (2) A delegation under this section— (a) must be by instrument in writing; and (b) may be absolute or conditional; and (c) does not derogate from the power of the Minister to act in a matter; and (d) is revocable at will. (3) A function or power delegated under this section may, if the instrument of delegation so provides, be further delegated.
Section 28(3)	Delete "in pursuance of" and substitute: under

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