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UNDERWATER CULTURAL HERITAGE ACT 2018 - SECT 11

Meaning of Australian waters

Meaning generally

  (1)   Australian waters means:

  (a)   any waters on the landward side of the territorial sea of Australia that are not within the limits of a State; and

  (b)   the territorial sea of Australia; and

  (c)   the sea above the continental shelf of Australia; and

  (d)   the seabed and subsoil beneath any such sea or waters.

Extended meaning --remains of vessels partly in Australian waters and partly in State waters

  (2)   If:

  (a)   the remains of a vessel are in, or ha ve been removed from, Australian waters; and

  (b)   another part (the relevant part ) of th e vessel i s in, or has been removed from, waters of the sea within the limits of a State; and

  (c)   a Minister of the State has informed the Minister, in writing, that the State consents to the making of a declaration under this subsection in relation to the relevant part;

the Minister may, by notifiable instrument, declare that the relevant part   i s, for the purposes of this Act ( except this section and section   20 ) , taken to be a part that is in, or has been removed from, Australian waters.

Extended meaning--remains of vessels that have moved into State waters

  ( 3 )   If:

  (a)   the remains of a vessel ( other than a Dutch ship wreck) have been removed from Australian waters; and

  (b)   the remains are in waters of the sea within the limits of a State; and

  (c)   a Minister of the State has informed the Minister, in writing, that the State consents to the making of a declaration under this subsection in relation to the remains;

the Minister may, by notifiable instrument, declare that the remains are, for the purposes of this Act ( except this section and section   20 ) , taken to be remains that are in Australian waters.

Extended meaning--Dutch ship wrecks and relics in, or removed from, State waters

  (4)   If:

  (a)   a Dutch ship wreck or Dutch relic is in, or has been removed from, waters of the sea within the limits of a State; and

  ( b )   a Minister of the State has informed the Minister, in writing, that the State consents to the making of a declaration under this subsection in relation to the ship wreck or relic;

the Minister may, by notifiable instrument, declare that the ship wreck or relic is, for the purposes of this Act ( except this section and section   20 ) , taken to be a shipwreck or relic that is in, or has been removed from, Australian waters.

Varying and revoking declarations

  ( 5 )   The Minister may, by notifiable instrument, with the conse nt of the Minister of the State , vary or revoke a declaration made under this section .


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