The Underwater Cultural Heritage Act 2018 is an Australian Act of Parliament designed "to protect shipwrecks, sunken aircraft and their associated artefacts, that occurred 75 or more years ago, regardless of whether their location is known". Other underwater heritage items, and more recent shipwrecks or aircraft, may be protected through a declaration under the Underwater Heritage Act, and some sites also have a protected zone around them. The federal government works in collaboration with State and Territory Government agencies to protect and conserve Australia's underwater heritage.
An Act to protect Australia’s underwater cultural heritage, and for related purposes
Citation
Act No. 85 of 2018
Territorial extent
Australia (including the external Territories) and the territorial sea of Australia and waters of the sea (not being State waters) on the landward side of the territorial sea of Australia.
Enacted by
Parliament of Australia
Enacted
24 August 2018
Related legislation
Underwater Cultural Heritage Act 2018 (Protected Zones) Declaration Instrument 2019;[1] Underwater Cultural Heritage (Consequential and Transitional Provisions) Act 2018[2]
The Australian government collaborates with the states and Northern Territory works to protect the underwater heritage.[3]
Vesselsedit
The remains of vessels that have been in Australian waters for at least 75 years are automatically protected, along with certain articles associated with them. Australian waters extend from the seaward limits of a State to the outer limit of Australia's continental shelf.[4]
Aircraftedit
The remains of aircraft and certain associated articles that have been in Commonwealth waters for at least 75 years are also automatically protected. Commonwealth waters extend from waters 3 nautical miles seaward of the baseline of the territorial sea that are adjacent to the States and the Northern Territory; and to the outer limit of Australia's continental shelf. (Commonwealth waters thus exclude the coastal waters of a State or the Northern Territory.)[4]
Otheredit
Other kinds of articles can be protected if the Minister deems them of cultural heritage significance. Such articles may be in Commonwealth waters, Australian waters, in waters beyond Australian waters, or even removed from the water.[4]
Effect on other legislationedit
Related legislation, the Underwater Cultural Heritage (Consequential and Transitional Provisions) Act 2018 formally repeals the Historic Shipwrecks Act 1976, and makes minor amendments to the Australian Heritage Council Act 2003, the Navigation Act 2012, the Protection of the Sea (Powers of Intervention) Act 1981 and the Sea Installations Act 1987.[2]
Historic shipwreck protected zonesedit
The Act, along with its associated Underwater Cultural Heritage Act 2018 (Protected Zones) Declaration Instrument 2019, also provides for an area around protected underwater heritage to be declared a protected zone. The size of these zones may vary depending on the site. Most cover an area of around 200 hectares (490 acres), but a larger area may be declared around sites that are widely spread.[5][1]
The following historic shipwrecks lie within protected or no-entry zones declared under the Act:[6]
After the discovery and investigation of 269 highly significant Aboriginal Australian artefacts as well as an underwater spring at two underwater sites off the Burrup Peninsula (Murujuga) in Western Australia between 2016 and 2020, with the site placed on the WA Aboriginal Heritage List, the question of automatic listing of such sites (which does not occur under the current Act) was raised by lead archaeologist Jonathan Benjamin of Flinders University. A spokesman for Federal Environment Minister Sussan Ley did not say whether the Government would consider amending the Act to give automatic protection of such sites.[8]
See alsoedit
ANCODS - old Dutch shipwrecks off Western Australia
^ ab"Underwater Cultural Heritage Act 2018 (Protected Zones) Declaration Instrument 2019". Federal Register of Legislation. Australian Government. Retrieved 31 January 2020.
^ ab"Underwater Cultural Heritage (Consequential and Transitional Provisions) Act 2018". Federal Register of Legislation. Australian Government. Retrieved 31 January 2020.
^"Visiting underwater cultural heritage sites". Australian Government. Dept of the Environment and Energy. Retrieved 31 January 2020.
^ abc"Underwater Cultural Heritage Act 2018". Federal Register of Legislation. Australian Government. 28 August 2018. Retrieved 31 January 2020. Material was copied from this source, which is available under a Creative Commons Attribution 4.0 International License.
^"Underwater heritage protected zones". Australian Government. Dept of the Environment and Energy. Retrieved 31 January 2020.
^"Underwater Cultural Heritage Protected Zones" (PDF). 8 July 2019. Retrieved 31 January 2020.
^"Japanese 'mother-shipwreck' protected for future generations". Commonwealth of Australia. 28 July 2013. Retrieved 24 October 2013.
^Michelmore, Karen (1 July 2020). "Ancient Aboriginal underwater archaeological sites discovered, and a new frontier for study". ABC News. Australian Broadcasting Corporation. Retrieved 5 July 2020.
External linksedit
"Underwater Cultural Heritage Act 2018". Federal Register of Legislation. Australian Government. 24 August 2018.
January 01, 1970
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The Underwater Cultural Heritage Act 2018 is an Australian Act of Parliament designed to protect shipwrecks sunken aircraft and their associated artefacts that occurred 75 or more years ago regardless of whether their location is known Other underwater heritage items and more recent shipwrecks or aircraft may be protected through a declaration under the Underwater Heritage Act and some sites also have a protected zone around them The federal government works in collaboration with State and Territory Government agencies to protect and conserve Australia s underwater heritage Underwater Cultural Heritage Act 2018Parliament of AustraliaLong title An Act to protect Australia s underwater cultural heritage and for related purposesCitationAct No 85 of 2018Territorial extentAustralia including the external Territories and the territorial sea of Australia and waters of the sea not being State waters on the landward side of the territorial sea of Australia Enacted byParliament of AustraliaEnacted24 August 2018Related legislationUnderwater Cultural Heritage Act 2018 Protected Zones Declaration Instrument 2019 1 Underwater Cultural Heritage Consequential and Transitional Provisions Act 2018 2 Status In force Contents 1 Coverage 1 1 Vessels 1 2 Aircraft 1 3 Other 2 Effect on other legislation 3 Historic shipwreck protected zones 4 Other archaeological sites 5 See also 6 References 7 External linksCoverage editThe Australian government collaborates with the states and Northern Territory works to protect the underwater heritage 3 Vessels edit The remains of vessels that have been in Australian waters for at least 75 years are automatically protected along with certain articles associated with them Australian waters extend from the seaward limits of a State to the outer limit of Australia s continental shelf 4 Aircraft edit The remains of aircraft and certain associated articles that have been in Commonwealth waters for at least 75 years are also automatically protected Commonwealth waters extend from waters 3 nautical miles seaward of the baseline of the territorial sea that are adjacent to the States and the Northern Territory and to the outer limit of Australia s continental shelf Commonwealth waters thus exclude the coastal waters of a State or the Northern Territory 4 Other edit Other kinds of articles can be protected if the Minister deems them of cultural heritage significance Such articles may be in Commonwealth waters Australian waters in waters beyond Australian waters or even removed from the water 4 Effect on other legislation editRelated legislation the Underwater Cultural Heritage Consequential and Transitional Provisions Act 2018 formally repeals the Historic Shipwrecks Act 1976 and makes minor amendments to the Australian Heritage Council Act 2003 the Navigation Act 2012 the Protection of the Sea Powers of Intervention Act 1981 and the Sea Installations Act 1987 2 Historic shipwreck protected zones editThe Act along with its associated Underwater Cultural Heritage Act 2018 Protected Zones Declaration Instrument 2019 also provides for an area around protected underwater heritage to be declared a protected zone The size of these zones may vary depending on the site Most cover an area of around 200 hectares 490 acres but a larger area may be declared around sites that are widely spread 5 1 The following historic shipwrecks lie within protected or no entry zones declared under the Act 6 Aarhus SS Alert Bega Cato AHS Centaur Clonmel SMS Emden Foam Florence D SS Glenelg SS Gothenburg HSK Kormoran Lady Darling Llewellyn Submarine M24 HMCS Mermaid HMS Pandora HMS Porpoise Sanyo Maru 7 Submarine I 124 HMAS Sydney SS Yongala VOC ZuytdorpOther archaeological sites editAfter the discovery and investigation of 269 highly significant Aboriginal Australian artefacts as well as an underwater spring at two underwater sites off the Burrup Peninsula Murujuga in Western Australia between 2016 and 2020 with the site placed on the WA Aboriginal Heritage List the question of automatic listing of such sites which does not occur under the current Act was raised by lead archaeologist Jonathan Benjamin of Flinders University A spokesman for Federal Environment Minister Sussan Ley did not say whether the Government would consider amending the Act to give automatic protection of such sites 8 See also editANCODS old Dutch shipwrecks off Western Australia Australasian Underwater Cultural Heritage Database online database of protected itemsReferences edit a b Underwater Cultural Heritage Act 2018 Protected Zones Declaration Instrument 2019 Federal Register of Legislation Australian Government Retrieved 31 January 2020 a b Underwater Cultural Heritage Consequential and Transitional Provisions Act 2018 Federal Register of Legislation Australian Government Retrieved 31 January 2020 Visiting underwater cultural heritage sites Australian Government Dept of the Environment and Energy Retrieved 31 January 2020 a b c Underwater Cultural Heritage Act 2018 Federal Register of Legislation Australian Government 28 August 2018 Retrieved 31 January 2020 nbsp Material was copied from this source which is available under a Creative Commons Attribution 4 0 International License Underwater heritage protected zones Australian Government Dept of the Environment and Energy Retrieved 31 January 2020 Underwater Cultural Heritage Protected Zones PDF 8 July 2019 Retrieved 31 January 2020 Japanese mother shipwreck protected for future generations Commonwealth of Australia 28 July 2013 Retrieved 24 October 2013 Michelmore Karen 1 July 2020 Ancient Aboriginal underwater archaeological sites discovered and a new frontier for study ABC News Australian Broadcasting Corporation Retrieved 5 July 2020 External links edit Underwater Cultural Heritage Act 2018 Federal Register of Legislation Australian Government 24 August 2018 Retrieved from https en wikipedia org w index php title Underwater Cultural Heritage Act 2018 amp 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