(1) The Minister may, by notifiable instrument, declare an article of underwater cultural heritage to be protected underwater cultural heritage if:
(a) the article is outside the outer limits of Australian waters; and
(b) the Minister is satisfied that the article is of heritage significance to Australia.
Note: For matters the Minister must have regard to when deciding whether underwater cultural heritage is of heritage significance, see section 22.
(2) An article continues to be covered by a declaration made under subsection (1) even if the article is removed from waters after the declaration is made.
(3) The Minister may, by notifiable instrument, vary or revoke a declaration made under subsection (1).