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UNDERWATER CULTURAL HERITAGE ACT 2018 - SECT 50

Declaration of ownership of specified Dutch shipwrecks and associated articles

Declaration in relation to Dutch shipwrecks

  (1)   If the Minister is satisfied that it is necessary to do so for the purpose of giving effect to the Australia - Netherlands Agreement, the Minister may, by legislative instrument, declare the ownership of a specified Dutch shipwreck to be vested in a specified authority of the Commonwealth.

  (2)   If a declaration is made under subsection   ( 1), the authority specified in the declaration becomes, by force of this subsection, the owner of the Dutch shipwreck (free of any charges or other encumbrances) at the start of the day after the day the declaration is registered on the Federal Register of Legislation.

Declaration in relation to Dutch relics

  (3)   If the Minister is satisfied that it is necessary to do so for the purpose of giving effect to the Australia - Netherlands Agreement, the Minister may, by legislative instrument, declare the ownership of a specified Dutch relic to be vested in:

  (a)   a specified authority of the Commonwealth; or

  (b)   Western Australia; or

  (c)   a specified authority of Western Australia; or

  (d)   the government of the Kingdom of the Netherlands.

  (4)   If a declaration is made under subsection   ( 3), the person specified in the declaration becomes, by force of this subsection, the owner of the Dutch relic (free of any charges or other encumbrances) at the start of the day after the day the declaration is registered on the Federal Register of Legislation.

Act still applies to declar ed articles

  ( 5 )   The making of a declaration under this section in relation to a Dutch shipwreck or a Dutch relic does not affect the application of any other provision of this Act to, or in relation to, th e article.

Commonwealth power to deal with articles not affected

  (6 )   Nothing in this section affects any power of the Commonwealth otherwise than under this Act to dispose of or othe rwise deal with articles that are the property of the Commonwealth.


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