Document ID: chunk:federal_register_of_legislation:C2004A03104:schedule:2:p23
Version: federal_register_of_legislation:C2004A03104
Segment Type: schedule
Provision Reference: sch 2 (pt 23/48)
Character Range: 97186–99674

of a ship, to an article or articles, or to part of an article, being situated in waters, includes a reference to the remains of a ship, to part of the remains of a ship, to an article or articles, or to part of an article, as the case may be—
     (a) being situated in, or forming part of, the seabed or the subsoil of the seabed, beneath those waters; or
     (b) being situated on, or forming part of, a reef in those waters.
"(2a) A reference in this Act to the remains of a ship, to part of the remains of a ship, to an article or articles or to part of an article, having been removed from waters includes a reference to the remains of a ship, to part of the remains of a ship, to an article or articles, or to part of an article, as the case may be—
     (a) having been washed away from those waters;
     (b) having been removed, or washed away, from the seabed, or the subsoil of the seabed, beneath those waters; or
     (c) having been removed, or washed away, from a reef in those waters.".

Section 4—
Repeal the section, substitute the following sections:

Wrecks, &c, partly in Australian waters and partly in State waters
"3a. (1) Where—
     (a) part of a ship is situated in, or has been removed from, Australian waters;
     (b) another part of that ship is situated in, or has been removed from, waters of the sea that are within the limits of a State; and

SCHEDULE 1—continued

     (c) a Minister of the Crown of the State has informed the Minister, in writing, that the Government of the State has no objection to the making of a declaration under this section in respect of the part referred to in paragraph (b),
the Minister may declare, in writing, that the part referred to in paragraph (b) shall, for the purposes of this Act (other than this section and sections 7 and 13) be deemed to be a part that is situated in, or has been removed from, Australian waters, as the case requires, and, where such a declaration is made, that declaration has effect accordingly.

Application and extension of Act
"3b. Subject to section 2, this Act applies both within and outside Australia and extends to every external Territory.

Act to bind Crown
"4. This Act binds the Crown in right of the Commonwealth, of each of the 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