Document ID: chunk:federal_register_of_legislation:C2024C00456:section:23
Version: federal_register_of_legislation:C2024C00456
Segment Type: section
Provision Reference: s 23
Character Range: 37761–39556

23  Permits relating to protected underwater cultural heritage
 (1) A person may apply to the Minister for a permit authorising the person, persons specified in the permit or persons generally to engage in specified conduct relating to one or more of the following:
 (a) specified protected underwater cultural heritage;
 (b) a specified protected zone;
 (c) specified foreign underwater cultural heritage.
 (2) The application must:
 (a) be in the approved form; and
 (b) provide all the information, and be accompanied by any documents, required by the form.
 (3) The Minister must:
 (a) grant the permit; or
 (b) refuse to grant the permit.
 (4) In deciding whether to grant the permit, the Minister must have regard to the matters (if any) specified in the Underwater Cultural Heritage Rules made for the purposes of this subsection.
 (5) The permit must specify:
 (a) the protected underwater cultural heritage, protected zone or foreign underwater cultural heritage to which the permit applies; and
 (b) whether the permit applies to persons generally and, if not, the persons or class of persons to whom it applies; and
 (c) the conduct authorised; and
 (d) the period for which the permit is in force; and
 (e) the conditions (if any) imposed under paragraph 24(1)(b) to which the permit is subject; and
 (f) the unique number of the permit; and
 (g) any other matters prescribed by the Underwater Cultural Heritage Rules for the purposes of this paragraph.
 (6) If the Minister refuses to grant a permit, the Minister must give written notice of the refusal to the applicant, including reasons for the refusal.
 (7) If the Minister grants a permit in terms that are different from those applied for, the Minister must give the applicant written notice of the reasons for the decision.