Document ID: chunk:federal_register_of_legislation:C2024C00456:section:11
Version: federal_register_of_legislation:C2024C00456
Segment Type: section
Provision Reference: s 11
Character Range: 19236–21776

11  Meaning of Australian waters

Meaning generally
 (1) Australian waters means:
 (a) any waters on the landward side of the territorial sea of Australia that are not within the limits of a State; and
 (b) the territorial sea of Australia; and
 (c) the sea above the continental shelf of Australia; and
 (d) the seabed and subsoil beneath any such sea or waters.

Extended meaning—remains of vessels partly in Australian waters and partly in State waters
 (2) If:
 (a) the remains of a vessel are in, or have been removed from, Australian waters; and
 (b) another part (the relevant part) of the vessel is in, or has been removed from, waters of the sea within the limits of a State; and
 (c) a Minister of the State has informed the Minister, in writing, that the State consents to the making of a declaration under this subsection in relation to the relevant part;
the Minister may, by notifiable instrument, declare that the relevant part is, for the purposes of this Act (except this section and section 20), taken to be a part that is in, or has been removed from, Australian waters.

Extended meaning—remains of vessels that have moved into State waters
 (3) If:
 (a) the remains of a vessel (other than a Dutch shipwreck) have been removed from Australian waters; and
 (b) the remains are in waters of the sea within the limits of a State; and
 (c) a Minister of the State has informed the Minister, in writing, that the State consents to the making of a declaration under this subsection in relation to the remains;
the Minister may, by notifiable instrument, declare that the remains are, for the purposes of this Act (except this section and section 20), taken to be remains that are in Australian waters.

Extended meaning—Dutch shipwrecks and relics in, or removed from, State waters
 (4) If:
 (a) a Dutch shipwreck or Dutch relic is in, or has been removed from, waters of the sea within the limits of a State; and
 (b) a Minister of the State has informed the Minister, in writing, that the State consents to the making of a declaration under this subsection in relation to the shipwreck or relic;
the Minister may, by notifiable instrument, declare that the shipwreck or relic is, for the purposes of this Act (except this section and section 20), taken to be a shipwreck or relic that is in, or has been removed from, Australian waters.

Varying and revoking declarations
 (5) The Minister may, by notifiable instrument, with the consent of the Minister of the State, vary or revoke a declaration made under this section.