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UNDERWATER CULTURAL HERITAGE ACT 2018 - NOTES

No. 85, 2018

Compilation No. 1

Compilation date: 1 September 2021

Includes amendments up to: Act No. 13, 2021

Registered: 12 November 2021

About this compilation

This compilation

This is a compilation of the Underwater Cultural Heritage Act 2018 that shows the text of the law as amended and in force on 1 September 2021 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self-repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

 

Contents

Part 1--Introduction

Division 1--Preliminary

1 Short title

2 Commencement

3 Objects of this Act

4 Simplified outline of this Act

5 Extension to external Territories

6 This Act binds the Crown

7 Extraterritorial operation of this Act

8 Geographical application of offences

Division 2--Definitions

9 Definitions

10 Meaning of associated with

11 Meaning of Australian waters

12 Meaning of coastal waters of a State or the Northern Territory

13 Meaning of Commonwealth waters

14 Meaning of Dutch shipwreck

15 Meaning of underwater cultural heritage

Part 2--Protected underwater cultural heritage

Division 1--Underwater cultural heritage

16 Underwater cultural heritage that is automatically protected

17 Underwater cultural heritage that may be declared to be protected

18 Underwater cultural heritage outside Australian waters that may be declared to be protected

19 Underwater cultural heritage that may be provisionally declared to be protected

Division 2--Protected zones

20  Declaring a protected zone

21 Varying and revoking protected zone declaration

Division 3--Other matters

22 Criteria relating to heritage significance

Part 3--Regulation of protected underwater cultural heritage

Division 1--Permits relating to protected underwater cultural heritage

23 Permits relating to protected underwater cultural heritage

24 Permits are subject to conditions

25 Varying permits

26 Suspending and revoking permits

27 Transfer of permits

28 Breach of conditions of permit

Division 2--Regulation of activities relating to protected underwater cultural heritage

29 Certain conduct within a protected zone prohibited without a permit

30 Conduct having an adverse impact on protected underwater cultural heritage prohibited without a permit

31 Possession etc. of protected underwater cultural heritage prohibited without a permit

32 Supplying, or offering to supply, protected underwater cultural heritage prohibited without a permit

33 Advertisements for sale of protected underwater cultural heritage must include permit number

34 Importing protected underwater cultural heritage prohibited without a permit

35 Exporting protected underwater cultural heritage prohibited without a permit

36 Importing underwater cultural heritage of a foreign country prohibited without a permit

37 Requirement to produce permits

38 Minister may ascertain location of protected underwater cultural heritage

39 Minister may give directions about custody etc. of protected underwater cultural heritage

40 Discovery of certain underwater cultural heritage must be notified

Part 4--Compliance and enforcement

Division 1--Regulatory powers

41 Monitoring powers

42 Investigation powers

43 Civil penalty provisions

44 Infringement notices

45 Enforceable undertakings

46 Injunctions

Division 2--Forfeiture

47 Court may order forfeiture

Part 5--Other matters

48 Register of underwater cultural heritage

49 Review of decisions

50 Declaration of ownership of specified Dutch shipwrecks and associated articles

51 Declaration of ownership of other underwater cultural heritage

52 Ownership of, and sovereignty in, remains of Australian defence vessels etc.

53 Compensation for acquisition of property

54 Certificate by Minister to be evidence

55 Contravening offence or civil penalty provisions

56 Delegation of Minister's powers

57 Delegation of Secretary's powers

58 Approved forms

59 Arrangements for States and the Northern Territory to carry out certain functions

60 Appointment of inspectors

61 Underwater Cultural Heritage Rules

Endnotes

Endnote 1--About the endnotes

Endnote 2--Abbreviation key

Endnote 3--Legislation history

Endnote 4--Amendment history

Endnotes

Endnote 1--About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1--About the endnotes

Endnote 2--Abbreviation key

Endnote 3--Legislation history

Endnote 4--Amendment history

Abbreviation key--Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history--Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation "(md)" added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation "(md not incorp)" is added to the details of the amendment included in the amendment history.

 

Endnote 2--Abbreviation key

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

/sub-subparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev ... ) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

Sub-Ch = Sub-Chapter(s)

cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

commenced or to be commenced

 

Endnote 3--Legislation history

 

Act

Number and year

Assent

Commencement

Application, saving and transitional provisions

Underwater Cultural Heritage Act 2018

85, 2018

24 Aug 2018

1 July 2019 (s 2(1) item 1)

 

Federal Circuit and Family Court of Australia (Consequential Amendments and Transitional Provisions) Act 2021

13, 2021

1 Mar 2021

Sch 2 (item 795): 1 Sept 2021 (s 2(1) item 5)

--

 

Endnote 4--Amendment history

 

Provision affected

How affected

Part 4

 

Division 1

 

s 41....................

am No 13, 2021

s 42....................

am No 13, 2021

s 43....................

am No 13, 2021

s 45....................

am No 13, 2021

s 46....................

am No 13, 2021

 

 


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