Document ID: chunk:federal_register_of_legislation:C2004A03104:schedule:2:p26
Version: federal_register_of_legislation:C2004A03104
Segment Type: schedule
Provision Reference: sch 2 (pt 26/48)
Character Range: 104320–107041

"(9) Subject to sub-section (10), where—
     (a) a declaration under sub-section (6) or (7) applies in relation to an article situated in waters; and
     (b) that article is removed from those waters,
the declaration continues to apply in relation to that article.
"(10) Where a declaration under this section applies in relation to the remains of a ship or to an article, the Minister may, by notice in writing, published in the Gazette, revoke that declaration to the extent that it applies in relation to those remains, to a specified part of those remains or to that article, as the case requires.

SCHEDULE 1—continued

"(11) In this section—
     'State' includes the Northern Territory and Norfolk Island;
     'Territory' does not include the Northern Territory or Norfolk Island.
"(12) In this section—
     (a) a. reference to a Minister of a State shall, except in relation to the Northern Territory or Norfolk Island, be read as a reference to a Minister of the Crown of the State;
     (b) a reference to a Minister of a State shall, in relation to the Northern Territory, be read as a reference to a person holding an office referred to in section 34 of the Northern Territory (Self-Government Act) 1978; and
     (c) a reference to a Minister of a State shall, in relation to Norfolk Island, be read as a reference to a person holding office under section 13 of the Norfolk Island Act 1979.".

Section 5—
Omit "he" (wherever occurring), substitute "the Minister".

Sub-sections 6 (1), (2) and (3)—
Omit "he", substitute "the Minister".

Sub-section 6 (5)—
Omit "12 months", substitute "5 years".

Sub-section 7 (1)—
     (a) Omit "The Minister", substitute "Subject to sub-section (1a), the Minister".
     (b) Omit "100", substitute "200".
     (c) Omit "(not including sea or land within the limits of a State)".

After sub-section 7 (1)—
Insert the following sub-section:
"(1a) A declaration under sub-section (1) shall not apply to an area consisting of sea or land within the limits of a State unless there is situated within the area a historic shipwreck or a historic relic to which a declaration under section 3a applies.".

Sub-section 7 (2)—
     (a) Omit "he", substitute "the Minister".
     (b) Omit" 100", substitute "200".

After sub-section 7 (3)—
Insert the following sub-section:
"(3a) Where a declaration under section 4a is revoked in relation to the remains of a ship or to an article, any notice under this section in relation to the remains or to the article ceases to be in force, but this sub-section does not prevent the publication in the Gazette of a further notice under this section in relation to the remains or to the article if a notice is published in the Gazette under