Document ID: chunk:federal_register_of_legislation:C2004A03104:schedule:2:p25
Version: federal_register_of_legislation:C2004A03104
Segment Type: schedule
Provision Reference: sch 2 (pt 25/48)
Character Range: 101900–104572

those waters.
"(5) Subject to sub-section (10), where—
     (a) a declaration under sub-section (1) or (2) applies in relation to the remains of a ship situated in waters; and
     (b) part of the remains of the ship is, or the whole of the remains of the ship are, removed from those waters,
the declaration continues to apply in relation to the part, or to the whole, of those remains.
"(6) If a Minister of a State informs the Minister, in writing, that the Government of the State recommends that a declaration be made under this sub-section in relation to the State, the Minister may, by notice in writing published in the Gazette, declare every article (whether or not the existence and location of the article is known) that—
     (a) was associated with a ship;
     (b) is situated in Australian waters, or waters above the continental shelf of Australia, adjacent to the coast of the State; and
     (c) either—
         (i) was associated with the remains of a ship that are at least 75 years old; or
         (ii) entered waters referred to in paragraph (b) at least 75 years ago,
to be a historic relic, and, where such a declaration is made, the declaration extends to every article that, after making of the declaration, becomes (whether by reason of a shipwreck or otherwise) an article to which paragraphs (a), (b) and (c) apply.
"(7) The Minister may, by notice in writing published in the Gazette, declare every article (whether or not the existence and location of the article is known) that—
     (a) was associated with a ship;
     (b) is situated in Australian waters, or waters above the continental shelf of Australia, adjacent to the coast of a Territory; and
     (c) either—
         (i) was associated with the remains of a ship that is at least 75 years old; or
         (ii) entered waters referred to in paragraph (b) at least 75 years ago,
to be a historic relic, and, where such a declaration is made, the declaration extends to every article that, after the making of the declaration, becomes (whether by reason of a shipwreck or otherwise) an article to which paragraphs (a), (b) and (c) apply.
"(8) Subject to sub-section (10), where—
     (a) an article has been removed from waters; and
     (b) if the article had not been so removed, a declaration under sub-section (4) or (5) would have applied in relation to that article,
the declaration applies in relation to that article.
"(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