Heritage (Historic Shipwrecks) Regulations 2007

Heritage (Historic Shipwrecks) Regulations 2007

S.R. No. 80/2007

table of provisions

RegulationPage

1Objectives

2Authorising provisions

3Commencement

4Revocation

5Definition

6Activities prohibited within protected zones

7Activities prohibited near any historic shipwreck or in any protected zone

8Fees for permits

9Waiver of a fee for a permit

10Notification of discovery of shipwrecks or relics

11Reward

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SCHEDULES

SCHEDULE 1—Fees for Permits

SCHEDULE 2—Wreck Reporting Form (Victoria)

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ENDNOTES

S.R. No. 80/2007

Heritage (Historic Shipwrecks) Regulations 2007

statutory rules 2007

S.R. No. 80/2007

Heritage (Historic Shipwrecks) Regulations 2007

Heritage Act 1995

S.R. No. 80/2007

Heritage (Historic Shipwrecks) Regulations 2007

Heritage (Historic Shipwrecks) Regulations 2007

S.R. No. 80/2007

Heritage (Historic Shipwrecks) Regulations 2007

The Governor in Council makes the following Regulations:

Dated: 17 July 2007

Responsible Minister:

JUSTIN MADDEN

Minister for Planning

ruth leach

Clerk of the Executive Council

1Objectives

The objectives of these Regulations are to prescribe—

(a)activities which are prohibited in any protected zone; and

(b)activities which are prohibited in protected zones; and

(c)activities which are prohibited in or near any historic shipwreck or protected zone; and

(d)penalties for undertaking activities prohibited by these Regulations; and

(e)fees for permits under section 113 of the Act; and

(f)particular cases or classes of cases in which the Heritage Council may waive fees imposed by these Regulations; and

(g)the form of notice of discovery of shipwrecks or relics under section 115 of the Act; and

(h)the maximum amount of any reward payable under section 116 of the Act.

2Authorising provisions

r. 2

These Regulations are made under sections 185, 186 and 187 of the Heritage Act 1995.

3Commencement

These Regulations come into operation on 25August 2007.

4Revocation

The Heritage (Historic Shipwrecks) (General) Regulations 1996[1] are revoked.

5Definition

In these Regulations—

the Act means the Heritage Act 1995.

6Activities prohibited within protected zones

A person must not, except in accordance with a permit granted under section 113 of the Act—

(a)enter a protected zone; or

(b)moor or use a ship within a protected zone; or

(c)trawl, fish or dive or undertake any other underwater activity within a protected zone; or

(d)park or use a vehicle within a protected zone; or

(e) bring into or use within any protected zone equipment which is constructed or adapted for the purpose of diving, salvage or recovery operations; or

(f) bring into or use within any protected zone any explosives, or any equipment, instruments or tools constructed or adapted for the purposes of cultivating, mining, quarrying, dredging or excavating land including land covered by water; or

(g) cause a ship or other vehicle carrying any equipment, explosives, instruments or tools specified in paragraphs (e) or (f) to enter or remain within any protected zone.

Penalty:50 penalty units.

7Activities prohibited near any historic shipwreck or in any protected zone

r. 7

A person must not, without lawful authority, knowingly move, remove, damage, alter or otherwise interfere with any plinth, mooring, buoy, pile or other marker or any notice or sign, or any equipment or material lawfully placed or situated in or within 100 metres of any historic shipwreck or in any protected zone for the purposes of managing the historic shipwreck or protected zone.

Penalty:20 penalty units.

8Fees for permits

The fees for permits under section 113 of the Act are set out in Schedule 1.

9Waiver of a fee for a permit

The Heritage Council may waive the fee for an application for a permit under section 113(1) of the Act if it is satisfied that the act or things to which the application relates are—

(a)solely for the conservation, maintenance, repair or restoration of the historic shipwreck or historic shipwreck relic; or

(b)to assist in relevant cultural, historical or scientific research; or

(c)to educate the public as to the cultural heritage significance of the historic shipwreck or historic shipwreck relic.

10Notification of discovery of shipwrecks or relics

For the purposes of section 115 of the Act the notice given to the Executive Director by a person who finds the remains of a ship, or of part of a ship, or an article associated with a ship must be in the form set out in Schedule 2.

11Reward

r. 10

For the purposes of section 116 of the Act the prescribed amount is $50 000.

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SCHEDULES

SCHEDULE 1

Sch. 1

Regulation 8

Heritage (Historic Shipwrecks) Regulations 2007

Fees for Permits

Definitions

In this Schedule—

commercial purposesmeans any purposes other than recreational, scientific or educational purposes; and

trade means selling, offering to sell, bartering, or exchanging or any other dealing in an item for reward or agreeing to sell, barter or exchange an item.

Class of
application /
Type of permit activity /
Fee
Class 1 / Enter a protected zone for recreational, scientific or educational purposes / $50
Class 2 / Enter a protected zone for commercial purposes not likely to cause disturbance, damage or other interference with the historic shipwreck or historic shipwreck relics / $300
Class 3 / Enter a protected zone for recreational, scientific or educational purposes where the permit requires the use of the moorings or other facilities / $250
Class 4 / Enter a protected zone for commercial purposes where the permit requires the use of the moorings or other facilities / $500
Class of
application /
Type of permit activity /
Fee
Class 5 / Enter a protected zone for commercial purposes likely to cause disturbance or damage to, or other interference with the historic shipwreck or historic shipwreck relics / $1300
Class 6 / Take, disturb, remove, damage, destroy or otherwise interfere with a historic shipwreck or historic shipwreck relics / $1300
Class 7 / Possess or dispose of otherwise than by trade a historic shipwreck or historic shipwreck relics / $20
Class 8 / Remove from Victoria or trade in a historic shipwreck or historic shipwreck relics / $100
Class 9 / Possess equipment, instruments or explosives of a kind referred to in section112 of the Act on or near a historic shipwreck or historic shipwreck relics / $600

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Sch. 1

SCHEDULE 2

Sch. 2

Regulation 10

Heritage (Historic Shipwrecks) Regulations 2007

Heritage Act 1995

Wreck Reporting Form (Victoria)

In accordance with the Heritage (Historic Shipwrecks) Regulations 2007, Ihereby give notice of finding:

(a) the remains of a ship or of part of a ship
YES / NO
(b) an article associated with a ship
YES / NO

1.The finder was/finders were*:

Name: Name:
Address: Address:
Telephone: Telephone:

2.(a)Date of finding:
(b)Dates of any subsequent visits to the site:

3.Will the finder(s) be available to accompany representatives of the Executive Director to the site?

YES / NO

If YES, please give convenient dates:

4.Would the finder(s) be interested in being involved in research into, or archaeological survey of, the site?

YES / NO

5.Name of wrecked ship (if known):

6.Description of article found:

7.Do you consider the wreck/article* to be of historical significance?

YES / NO

If YES, please give reasons:

8.Circumstances under which the wreck/article* was found (scuba diving, snorkelling, boating, hiking, etc.):

9.Location of find—

Sch. 2

(a)Locality:

(b)Latitude:
Longitude:
Reference chart used:

If the position was obtained using a GPS receiver please state the GPS datum used to obtain the position:

(c)Nearest prominent landmark:

(d)True/Compass bearings, sextant or visual bearings to prominent landmarks:

(e)Is the site above high water mark?

YES / NO

(f)Is the site dry or partly dry at low tide?

YES / NO

(g)Distance from site to shore:

(h)Has a buoy, stake, cairn or other marker been placed on or near the site?

YES / NO

If YES, please give details:

(i)Is a depth sounder required?

YES / NO

If YES, is a depth sounder recording chart available?

YES / NO

(j)Other comments on location of the wreck/article*:

(k)If possible, please submit a sketch map to aid staff in relocating the site.

10.Description of wreck—

Sch. 2

(a)Is the wreck:

MOSTLY BURIED / PARTLY BURIED
FULLY EXPOSED

(b)Does the hull appear to be:

WOOD / IRON
COMPOSITE

(c)Is the hull:

MOSTLY INTACT / PARTLY INTACT
BROKEN UP

(d)Is the outline of the hull discernible?

YES / NO

If YES, please give estimates (metres) of its—
Length:
Width:
Height:

(e)Estimated total area of wreckage (in square metres):

(f)Is the bow discernible?

YES / NO

(g)Is the stern discernible?

YES / NO

(h)If fastening bolts were noted, are they:

IRON / COPPER
BRASS

(i)Are there signs of:

Sch. 2

IRON / COPPER
ENGINE(S) / BOILER(S)
WINCH(ES) / MACHINERY
ANCHOR(S) / PROPELLER(S)
MAST(S) / CHAIN
CERAMICS / GLASS
WIRE ROPE / FIBRE ROPE
COAL

Please give a brief description of any of the above items which are present, or of any other materials (including small artefacts) found at the site:

(j)Other comments on the condition of the wreck:

11.Are photographs of the wreck/article* available?

YES / NO

If YES, please give details:

12.Diving conditions on the site—

(a)Depth of water (metres):

(b)Type of bottom:

(c)Visibility:

(d)Is the site sheltered or exposed?

(e)Does the site become covered by sand?

Sch. 2

YES / NO

If YES, what season or weather exposes it?

(f)Is the site much affected by surf, bottom surge or currents?

YES / NO

If YES, please give details:

(g)Other comments on diving conditions:

I, certify that the statements made on this form are true and correct to the best of my knowledge, and declare that I am reporting the finding of this wreck/article* on my own behalf /my own behalf and on behalf of other persons named in section 1 above*.

Signature of finder:

Date:

Witness:

Address of witness:

* Strike out whichever is not applicable

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S.R. No. 80/2007

Heritage (Historic Shipwrecks) Regulations 2007

ENDNOTES

Endnotes

[1]Reg. 4: S.R. No. 87/1996.