Heritage (Underwater Cultural Heritage) Regulations 2017

VersionNo. 001

Heritage (Underwater Cultural Heritage) Regulations2017

S.R. No. 109/2017

Version as at
1 November 2017

TABLE OF PROVISIONS

RegulationPage

1Objectives

2Authorising provisions

3Commencement

4Definitions

5Form of application for permit for exploration orrecovery of registered shipwrecks, historic shipwrecks, registered shipwreck artefacts or historic shipwreck artefacts and in relation to protected zones

6Form of application for permit for the use of registered shipwrecks or registered shipwreck artefacts

7Form for notification of discovery of shipwrecks or shipwreck artefacts

8Activities prohibited within protected zones—entry

9Activities prohibited within protected zones—mooring

10Activities prohibited within protected zones—trawling, fishing or diving

11Activities prohibited within protected zones—use of equipment constructed for the purpose of diving, salvage or recovery operations

12Activities prohibited within protected zones—use ofequipment adapted for the purpose of diving, salvage or recovery operations

13Activities prohibited within protected zones—use of equipment, instruments or tools constructed for the purposes of cultivating, mining, quarrying, dredging or excavating land

14Activities prohibited within protected zones—use ofequipment, instruments or tools adapted for the purposes of cultivating, mining, quarrying, dredging or excavating land

15Activities prohibited within protected zones—entry of ship or other vehicle carrying any equipment, explosives, instruments or tools

16Activities prohibited within protected zones—cultivating, mining, quarrying, dredging or excavating

17Activities prohibited near registered shipwrecks, historic shipwrecks, registered shipwreck artefacts or historic shipwreck artefacts or in any protected zone

18Fees for permit applications

19Exemption from fees

20Waiver of a fee for a permit

21Infringement offences

22Infringement penalties

Schedule 1—Form for exploration or recovery of registered shipwrecks, historic shipwrecks, registered shipwreck artefacts orhistoric shipwreck artefacts and in relation to protected zones

Schedule 2—Form for the use of registered shipwrecks or registered shipwreck artefacts

Schedule 3—Form for the notification ofdiscovery of shipwrecks or shipwreckartefacts

═════════════

Endnotes

1General information

2Table of Amendments

3Amendments Not in Operation

4Explanatory details

VersionNo. 001

Heritage (Underwater Cultural Heritage) Regulations2017

S.R. No. 109/2017

Version as at
1 November 2017

Heritage (Underwater Cultural Heritage) Regulations2017

S.R. No. 109/2017

1Objectives

The objectives of these Regulations are—

(a)to prescribe activities which are prohibited in, on or near a protected zone; and

(b)to prescribe activities which are prohibited in, on or near a registered shipwreck, historic shipwreck, registered shipwreck artefact or historic shipwreck artefact; and

(c)to prescribe forms and documents for the purposes of the Heritage Act 2017; and

(d)to prescribe fees payable in relation to permit applications under sections 77 and 78 of the Act; and

(e)to exempt particular classes of people from certain fees relating to permits; and

(f)to authorise the Heritage Council to waive certain fees prescribed by these Regulations; and

(g)to prescribe infringement offences and infringement penalties; and

(h)to prescribe penalties for undertaking activities prohibited by these Regulations; and

(i)to prescribe other matters for the purposes of the Act.

2Authorising provisions

These Regulations are made under sections 255 and 256 of the Heritage Act 2017.

3Commencement

These Regulations come into operation on 1November 2017.

4Definitions

In these Regulations—

community group means a not-for-profit society, association or club (other than a charity)—

(a)established for the purpose of educating the community about, or to protect, a place or object; and

(b)whose officers receive no remuneration or gratuity for their services to the society, association or club;

the Act means the Heritage Act 2017.

For the purposes of section 77(2) of the Act, theprescribed form is the form set out in Schedule1.

6Form of application for permit for the use of registered shipwrecks or registered shipwreck artefacts

For the purposes of section 78(4) of the Act, the prescribed form is the form set out in Schedule 2.

7Form for notification of discovery of shipwrecks or shipwreck artefacts

For the purposes of section 80(2) of the Act, theprescribed form and prescribed details are theform and details set out in Schedule 3.

8Activities prohibited within protected zones—entry

A person must not, except in accordance with a permit granted under section 77 or 78 of the Act, enter a protected zone.

Penalty:50 penalty units.

9Activities prohibited within protected zones—mooring

A person must not, except in accordance with a permit granted under section 77 or 78 of the Act, moor, park or use a ship or other vehicle within a protected zone.

Penalty:50 penalty units.

10Activities prohibited within protected zones—trawling, fishing or diving

A person must not, except in accordance with apermit granted under section 77 or 78 of the Act,trawl, fish or dive or undertake any other underwater activity within a protected zone.

Penalty:50 penalty units.

11Activities prohibited within protected zones—use of equipment constructed for the purpose of diving, salvage or recovery operations

A person must not, except in accordance with apermit granted under section 77 or 78 of the Act,bring into or use within any protected zone equipment constructed for the purpose of diving,
salvage or recovery operations, whether on land oron or under water.

Penalty:50 penalty units.

12Activities prohibited within protected zones—use ofequipment adapted for the purpose of diving, salvage or recovery operations

A person must not, except in accordance with apermit granted under section 77 or 78 of the Act,bring into or use within any protected zone equipment adapted for the purpose of diving, salvage or recovery operations, whether on land oron or under water.

Penalty:50 penalty units.

13Activities prohibited within protected zones—use of equipment, instruments or tools constructed for the purposes of cultivating, mining, quarrying, dredging or excavating land

A person must not, except in accordance with a permit granted under section 77 or 78 of the Act, bring into or use within any protected zone any explosives, or any equipment, instruments or toolsconstructed for the purposes of cultivating, mining, quarrying, dredging or excavating land including land covered by water.

Penalty:50 penalty units.

14Activities prohibited within protected zones—use ofequipment, instruments or tools adapted for the purposes of cultivating, mining, quarrying, dredging or excavating land

A person must not, except in accordance with a permit granted under section 77 or 78 of the Act, bring into or use within any protected zone any explosives, or any equipment, instruments or tools adapted for the purposes of cultivating, mining, quarrying, dredging or excavating land including land covered by water.

Penalty:50 penalty units.

15Activities prohibited within protected zones—entry ofship or other vehicle carrying any equipment, explosives, instruments or tools

A person must not, except in accordance with apermit granted under section 77 or 78 of the Act,cause a ship or other vehicle carrying any equipment, explosives, instruments or tools specified in regulation 11, 12, 13 or 14 to enterorremain within any protected zone.

Penalty:50 penalty units.

16Activities prohibited within protected zones—cultivating, mining, quarrying, dredging or excavating

A person must not, except in accordance with apermit granted under section 77 or 78 of the Act,cultivate, mine, quarry, dredge or excavate orcarry out any other activity on or below land within a protected zone.

Penalty:50 penalty units.

17Activities prohibited near registered shipwrecks, historic shipwrecks, registered shipwreck artefacts or historic shipwreck artefacts or in any protected zone

A person must not, without authority, 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 registered shipwreck, historic shipwreck, registered shipwreck artefact or historic shipwreck artefact or in any protected zone.

Penalty:50 penalty units.

18Fees for permit applications

(1)Subject to regulations 19 and 20, for the purposes of section 77(2) of the Act, the prescribed fees are as follows—

(a)for an application to enter a protected zone toconduct any form of recreational diving orsnorkelling—1 fee unit per diver or snorkeller;

(b)for an application to conduct any form ofrecreational diving or snorkellingthat requires the use of moorings within that protected zone—2 fee units per diver or snorkeller;

(c)for an application to possess, dispose of, orremove from Victoria any registered shipwreck, historic shipwreck, registered shipwreck artefact or historic shipwreck artefact—15 fee units.

(2)Subject to regulation 20, for the purposes of sections 77(2) and 78(4) of the Act, the prescribed fees are as follows—

(a)for an application to possess or use equipment, instruments or explosives of akind referred to in section 76 of the Act inaprotected zone—66·1 fee units;

(b)for an application to take, destroy, damage, remove, disturb or otherwise interfere with less than 50 per cent of any registered shipwreck, historic shipwreck, registered shipwreck artefact or historic shipwreck artefact—66·1 fee units;

(c)for an application to take, destroy, damage, remove, disturb or otherwise interfere with 50 per cent or more of any registered shipwreck, historic shipwreck, registered shipwreck artefact or historic shipwreck artefact—66·1 fee units;

(d)for an application for the use of a registered shipwreck, historic shipwreck, registered shipwreck artefact or historic shipwreck artefact—8 fee units;

(e)for an application to undertake any other activity on or below land within a protected zone, or any other underwater activity in a protected zone—100 fee units;

(f)for an application to enter a protected zone for any other purpose that requires the use of moorings within that protected zone—66·1fee units;

(g)for an application to enter a protected zone for any other purpose—66·1 fee units.

(3)For the purposes of sections 77(2) and 78(4) of the Act, the prescribed fees are as follows—

(a)for an application to enter a protected zone with or without the use of moorings in that protected zone—

(i)one time during a specified period; and

(ii)to conduct any form of recreational diving or snorkelling; and

(iii)with a maximum of 10 divers or snorkellers plus any non-diving boat crew members at any one time—8 fee units;

(b)for an application to enter a protected zone with or without the use of moorings in that protected zone—

(i)up to a maximum of 5 times during a period not exceeding 12 months; and

(ii)to conduct any form of recreational diving or snorkelling; and

(iii)with a maximum of 12 divers or snorkellers plus any non-diving boat crew members at any one time—40 fee units.

(4)An applicant for a permit under section 77(1) or78(4) of the Act who has paid the fee prescribed in regulation 18(3)(a) or (b) is notrequired to pay the fee prescribed in regulation18(1)(a) or (b).

19Exemption from fees

A person who is an eligible beneficiary within themeaning of the State Concessions Act 2004 isexempt from paying the following fees—

(a)a fee for the grant of a permit under section77 of the Act for the use of a registered shipwreck artefact or a historic shipwreck artefact situated in, on or below land that the person owns and which is the person's principal place of residence;

(b)the fee referred to in regulation 18(1)(a) for the grant of a permit under section 77 of the Act to enter a protected zone to conduct any form of recreational diving or snorkelling;

(c)the fee referred to in regulation 18(1)(b) for the grant of a permit under section 77 of the Act to enter a protected zone to conduct any form of recreational diving or snorkelling that requires the use of moorings.

20Waiver of a fee for a permit

The Heritage Council may waive the fees prescribed in respect of sections 77 and 78 of the Act if the Heritage Council is satisfied that the act or thing to which the permit application relates—

(a)is for the purposes of the conservation or research of a registered shipwreck, historic shipwreck, registered shipwreck artefact or historic shipwreck artefact; or

(b)is to educate the public as to the cultural heritage significance of a registered shipwreck, historic shipwreck, registered shipwreck artefact or historic shipwreck artefact; or

(c)is for the safety of the public; or

(d)is the same, or primarily the same, as the act or thingfor which a permit has been issued tothe applicant in relation to a registered shipwreck, historic shipwreck, registered shipwreck artefact or historic shipwreck artefact; or

(e)is in respect of a permit application from a community group.

21Infringement offences

For the purposes of Division 4 of Part 10 of theAct, the following offences against the Regulations are prescribed to be infringement offences—

(a)an offence against regulation 8;

(b)an offence against regulation 9;

(c)an offence against regulation 10;

(d)an offence against regulation 11;

(e)an offence against regulation 13.

22Infringement penalties

For the purposes of Division 4 of Part 10 of the Act, the prescribed infringement penalties for an infringement offence referred to in regulation 21 are as follows—

(a)for an offence against regulation 8 or 9—3penalty units;

(b)for an offence against regulation 10—6penalty units;

(c)for an offence against regulation 11 or13—10 penalty units.

Schedule 1—Form for exploration or recovery of registered shipwrecks, historic shipwrecks, registered shipwreck artefacts orhistoric shipwreck artefacts and in relation to protected zones

Regulation 5

1.Applicant details

Title:

First name:

Surname:

Address:

Email address:

Telephone:

Is this application on behalf of a company or organisation? *Yes/*No

What is its name?

What is your position title?

2.Details of registered shipwreck, historic shipwreck, registered shipwreck artefact or historic shipwreck artefact

Name of shipwreck or artefact:

Location (if known):

Victorian Heritage Register number (if known):

Description of shipwreck or artefact:

3.Details of vessel(s) involved with the activity

Vessel name(s):

Registration number(s):

Vessel contact details (phone, radio call sign and frequency):

Name(s) of boat operator:

4.Permit type

Tick boxes as applicable:

To enter a protected zone and undertake recreational diving or snorkelling.

To enter a protected zone and undertake recreational diving or snorkelling and require the use of moorings.

For commercial operator to enter a protected zone and undertake recreational diving or snorkelling on one occasion.

For commercial operator to enter a protected zone and undertake recreational diving or snorkelling on up to a maximum of5 occasions.

To enter a protected zone for other purposes.

To enter a protected zone for other purposes and require the use of moorings.

To recover registered shipwreck artefacts or historic shipwreck artefacts.

To disturb a registered shipwreck, historic shipwreck, registered shipwreck artefact or historic shipwreck artefact.

Other [please state]:

5.Details of the activities to be undertaken

Summary of activity:

Proposed date(s) of activity:

Names of divers:

6.Permit fee

Fee to be paid:

Note:If these activities are being undertaken by acommunity group or for conservation, educational research or public safety, it may be possible to apply for a waiver of the permit fee. Please consult Heritage Victoria in relation to your application.

Note:If this application relates to a registered place ofwhich you are the owner and which is your principal place of residence, or to a registered objectwhich you own, and you hold one of the following cards orhave been declared a class or classes ofeligible person by Order published under the State Concessions Act 2004 in the Government Gazette, you are exempt from paying this fee. Please provide copies of the relevant card and either your driver's licence or a current rates notice for your principal place of residence to confirm your eligibility:

Health care card issued under section 1061ZS of the Social Security Act 1991 of the Commonwealth other than in respect of achild in foster care, or a child in respect of whom a carer allowance under section 953 of that Act is payable; or
Gold Card issued in respect of Part V of theVeterans' Entitlements Act 1986 ofthe Commonwealth other than a dependant (notincluding thewidow or widower) of aveteran; or
Pensioner concession card issued under section 1061ZF of the SocialSecurity Act1991 of the Commonwealth.

7.Payment options

8.Applicant statement

I state that the information I have given on thisform is correct to the best of my knowledge.

Name:

Signature:

Date:

*delete if not applicable

Schedule 2—Form for the use of registered shipwrecks or registered shipwreck artefacts

Regulation 6

1.Applicant details

Title:

First name:

Surname:

Address:

Email address:

Telephone:

Is this application on behalf of a company or organisation? *Yes/*No

What is its name?

What is your position title?

2.Details of registered shipwreck or registered shipwreck artefact

Name of shipwreck or artefact:

Location (if known):

Victorian Heritage Register number (if known):

Description of shipwreck or artefact:

3.Details of the activities to be undertaken

Purpose of activity:

Study

Conservation

Exhibition

Other [please state]:

Proposed use:

Preferred start date of permit:

Proposed end date of permit:

4.Permit fee

Fee to be paid:

5.Payment options

6.Applicant statement

I state that the information I have given on thisform is correct to the best of my knowledge.

Name:

Signature:

Date:

*delete if not applicable

Schedule 3—Form for the notification ofdiscovery of shipwrecks or shipwreckartefacts

Regulation 7

1.Finder details

Title:

First name:

Surname:

Address:

Email address:

Telephone:

2.Find details

Date of find:

Dates of any subsequent visits to the site:

Will the finder(s) be available to accompany representatives of the Executive Director to the site? *Yes/*No

Would the finder(s) be interested in being involved in research into or an archaeological survey of the site? *Yes/*No

Name of shipwreck (if known):

Description of shipwreck or artefact(s) found:

Do you consider the shipwreck or artefact to be of historical significance? *Yes/*No

Circumstances under which the shipwreck or artefact was found:

Scuba diving

Snorkelling

Boating

Hiking

Other [please state]:

Are photographs of the shipwreck or artefact available? *Yes [please provide a copy]/*No

Are videos of the shipwreck or artefact available? *Yes [please provide a copy]/*No

3.Location of find

Locality:

Latitude:

Longitude:

If using GPS, GPS datum:

Nearest prominent landmark:

True/compass bearings, sextant or visual bearings to prominent landmarks:

Is the site above the high water mark? *Yes/*No

Is the site dry or partly dry at low tide? *Yes/*No

Distance from site to shore:

Has a buoy, stake, cairn or other marker been placed on or near the site? *Yes/*No

Is a depth sounder required? *Yes/*No

Other comments on location of the shipwreck or artefact:

4.Conditions at the site

Depth of water in metres: