Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

UNDERWATER CULTURAL HERITAGE ACT 2018 - SECT 20

Declaring a protected zone

  (1)   The Minister may, by legislative instrument, declare an area containing protected underwater cultural heritage to be a protected zone.

  ( 2 )   A declaration must not be made of an area that consists of sea or land within the limits of a State or the Northern Territory , unless protected underwater cultural heritage to which a declaration under subsection   11 (2) , ( 3) or (4) or 13 (2) , (3) or (4) applies is in the area.

  (3 )   In making a declaration under subsection   ( 1), the Minister must ha ve regard t o the following matters:

  (a)   the need to protect underwater cultural heritage that is of particular national or international significance, is rare or is subject to an international treaty or agreement (however described);

  (b)   the need to limit access to environmentally, socially or archaeologically sensitive underwater cultural heritage;

  (c)   the need to protect underwater cultural heritage that is under threat of interference, damage, destruction or removal;

  (d)   any danger posed to the public by the underwater cultural heritage;

  (e)   the need to improve management of underwater cultural heritage and its surrounding environment which may be subject to impacts from visitation or development activity;

  (f)   the need to ensure effective monitoring of underwater cultural heritage in remote locations;

  (g)   any other matter the Minister considers relevant .

  ( 4 )   A n area declared under subsection   ( 1) :

  ( a )   must not be outside the outer limits of Australian waters; and

  ( b )   may consist of sea, or partly of sea and partly of land; and

  (c )   may include the airspace above the area, extending to such height above the surface of the sea or land as is specified in the declaration; and

  (d )   to the extent the area consists of the surface of any sea--includes the waters beneath the area , the seabed beneath that sea an d the subsoil of the seabed.

  ( 5 )   The declaration must:

  (a)   specify the area covered by the declaration ; and

  (b)   specify the period for which the declaration is in force; and

  (c)   provide a description of the underwater cultural heritage sought to be protected; and

  ( d )   specify conduct (if any) that is prohibited (either generally or in specified circumstances) within the area covered by the declaration.

  ( 6 )   Conduct specified for the purposes of paragraph   ( 5 )(d) in relation to a protected zone is prohibited conduct in th e protected zone.

  ( 7 )   Without limiting paragraph   ( 5 )(d), the declaration may prohibit (either generally or in specified circumstances) any of the following:

  (a)   the entry of persons or vessels into the area ;

  (b)   the movement of persons or vessels within the area ;

  (c)   trawling or fishing in the area ;

  (d)   conducting underwater activity within the area ;

  (e)   the anchoring or mooring of vessels in the area ;

  (f)   the release or deposit of objects or materials in the area .


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback