Document ID: chunk:federal_register_of_legislation:F2019L00096:reg:6:p2
Version: federal_register_of_legislation:F2019L00096
Segment Type: reg
Provision Reference: reg 6 (pt 2/3)
Character Range: 6553–9428

ownership or sovereignty; and
 (iii) obligations under any relevant international conventions, agreements or treaties, as in force from time to time.
 (5) If the conduct proposed to be authorised by the permit will take place in a protected zone, the Minister must also have regard to the following matters:
 (a) whether the conduct is consistent with the objects of the Act;
 (b) whether the conduct will affect any of the matters mentioned in subsection 20(3) of the Act;
 (c) relevant government guidelines relating to the protection or management of Australia's underwater cultural heritage, as in force from time to time;
 (d) whether appropriate consultation has been undertaken with relevant stakeholders relating to:
 (i) shared heritage interests; and
 (ii) issues of ownership or sovereignty; and
 (iii) obligations under any relevant international conventions, agreements or treaties, as in force from time to time.
Note: Subsection 20(3) of the Act sets out the matters the Minister must have regard to when declaring an area to be a protected zone.
 (6) If the conduct proposed to be authorised by the permit relates to the import or export of protected underwater cultural heritage or foreign underwater cultural heritage, the Minister must also have regard to the following matters:
 (a) whether the conduct is consistent with the objects of the Act;
 (b) relevant government guidelines relating to the importation or exportation of protected underwater cultural heritage, as in force from time to time;
 (c) whether the manner in which the conduct will be undertaken is consistent with the relevant requirements of the Annex to the Underwater Cultural Heritage Convention;
 (d) whether appropriate consultation has been undertaken with relevant stakeholders relating to:
 (i) shared heritage interests; and
 (ii) issues of ownership or sovereignty; and
 (iii) obligations under any relevant international conventions, agreements or treaties, as in force from time to time.
 (7) If the conduct proposed to be authorised by the permit is the possession, custody or control of protected underwater cultural heritage, the Minister must also have regard to the following matters:
 (a) whether the conduct is consistent with the objects of the Act;
 (b) relevant government guidelines relating to the possession or supply of protected underwater cultural heritage, as in force from time to time;
 (c) whether the manner in which the conduct will be undertaken is consistent with the relevant requirements of the Annex to the Underwater Cultural Heritage Convention;
 (d) whether appropriate consultation has been undertaken with relevant stakeholders relating to:
 (i) shared heritage interests; and
 (ii) issues of ownership or sovereignty; and
 (iii) obligations under any relevant international conventions, agreements or treaties, as in force from time to time.