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UNDERWATER CULTURAL HERITAGE ACT 2018 - SECT 19

Underwater cultural heritage that may be provisionally declared to be protected

  (1)   The Minister may, by notifiable instrument, provisionally declare an article covered by the table in subsection   ( 5) to be protected underwater cultural heritage if the Minister is satisfied that the article may be of heritage significance.

Note:   For matters the Minister must have regard to when deciding whether an article may be of heritage significance, see section   22 .

  (2)   An article continues to be covered by a declaration under subsection   ( 1) even if the article is removed from waters after the declaration is made.

  (3)   A declaration under subsection   ( 1) remains in force until the earlier of:

  (a)   the day the declaration is revoked under subsection   ( 4); and

  (b)   the day 5 years after the day the declaration is made.

  (4)   The Minister may, by notifiable instrument, vary or revoke a declaration made under subsection   ( 1).

  (5)   The following table sets out the articles that may be provisionally declared under subsection   ( 1).

 

Articles that may be provisional ly declar ed

Item

This kind of article:

If the article:

1

An article that appears to be the remains of a vessel

Is in, or has been removed from, Australian waters

2

An article that may be associated with a vessel , or the remains of a vessel

Is in, or has been removed from, Australia waters

3

An article that appears to be the remains of an aircraft

Is in, or has been removed from, Commonwealth waters

4

An article that may be associated with an aircraft, or the remains of an aircraft

Is in, or has been removed from, Commonwealth waters

5

An article that appears to be underwater cultural heritage and that is not otherwise covered by an item in this table

Is in Commonwealth waters



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