Document ID: chunk:federal_register_of_legislation:C2004A03104:schedule:2:p24
Version: federal_register_of_legislation:C2004A03104
Segment Type: schedule
Provision Reference: sch 2 (pt 24/48)
Character Range: 99429–102127

States, of the Northern Territory and of Norfolk Island, but nothing in this Act renders the Crown liable to be prosecuted for an offence.".

Before section 5 in Part II—
Insert the following section:

Shipwrecks and relics associated with State or Territory may be declared to be historic
"4a. (1) If a Minister of a State informs the Minister, in writing, that the Government of the State recommends that a declaration be made under this sub-section in relation to the State, the Minister may, by notice in writing published in the Gazette, declare all remains of ships (whether or not the existence and location of the remains are known) that are—
     (a) situated in Australian waters, or waters above the continental shelf of Australia, adjacent to the coast of the State; and
     (b) at least 75 years old,
to be historic shipwrecks, and, where such a declaration is made, the declaration extends to remains (including remains that come into existence, because of a shipwreck or otherwise, after the making of the declaration) that, after the making of the declaration, become remains to which paragraphs (a) and (b) apply.
"(2) The Minister may, by notice in writing published in the Gazette, declare all remains of ships (whether or not the existence and location of the remains are known) that are—
     (a) situated in Australian waters, or waters above the continental shelf of Australia, adjacent to the coast of a Territory; and
     (b) at least 75 years old,
to be historic shipwrecks, and, where such a declaration is made, the declaration extends to remains (including remains that come into existence, because of a shipwreck or otherwise, after the making of the declaration) that, after the making of the declaration, become remains to which paragraphs (a) and (b) apply.
"(3) Subject to sub-section (10) where—
     (a) the whole of the remains of a ship have been removed from waters; and
     (b) if the remains had not been so removed, a declaration under sub-section (1) or (2) would have applied in relation to those remains,
the declaration applies in relation to those remains.
"(4) Subject to sub-section (10), where—
     (a) part of the remains of a ship has been removed from waters; and
     (b) a declaration made under sub-section (1) or (2) applies in relation to the part of the remains remaining in those waters,

SCHEDULE 1—continued

the declaration applies also in relation to the part of the remains that has been removed from those waters.
"(5) Subject to sub-section (10), where—
     (a) a declaration under sub-section (1) or (2) applies in relation to the remains of a ship situated in waters; and
     (b) part of the remains of the ship is, or the