Heritage (Historic Shipwrecks) (General) Regulations 1996

i Heritage (Historic Shipwrecks) (General) Regulations 1996 S.R. No. 87/1996 TABLE OF PROVISIONS Regulation Page 1. Objectives 1 2. Authorising provisions 2 3. Revocation 2 4. Definitions 2 5. Activities prohibited within any protected zone 2 6. Activities prohibited within protected zones other than specified protected zones 3 7. Activities prohibited near any historic shipwreck or in any protected zone 3 8. Fees for permits 4 9. Waiver of a fee for a permit 4 10. Notification of discovery of shipwrecks or relics 4 11. Rewards 4 __________________ SCHEDULES 5 SCHEDULE 1—Specified protected zones 5 SCHEDULE 2—Fees for permits 6 SCHEDULE 3—Wreck reporting form (Victoria) 8 ═══════════════ NOTES 13 -- 1 of 14 -- 1 STATUTORY RULES 1996 S.R. No. 87/1996 Heritage Act 1995 Heritage (Historic Shipwrecks) (General) Regulations 1996 The Governor in Council makes the following Regulations: Dated: 27 August 1996 Responsible Minister: ROBERT MACLELLAN Minister for Planning and Local Government N. C. WHITE Acting Clerk of the Executive Council 1. Objectives 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 other than specified 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 -- 2 of 14 -- S.R. No. 87/1996 Heritage (Historic Shipwrecks) (General) Regulations 1996 2 (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) rewards payable under section 116 of the Act. 2. Authorising provisions These Regulations are made under sections 113, 115, 116, 185, 186 and 187 of the Heritage Act 1995. 3. Revocation The Historic Shipwrecks Regulations 19921 are revoked. 4. Definitions In these Regulations— "the Act" means the Heritage Act 1995; "specified protected zone" means a protected zone listed in Schedule 1. 5. Activities prohibited within any protected zone A person must not, except in accordance with a permit granted under section 113 of the Act— (a) bring into or use within any protected zone equipment which is constructed or adapted for the purpose of diving, salvage or recovery operations; or (b) 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, r. 2 -- 3 of 14 -- S.R. No. 87/1996 Heritage (Historic Shipwrecks) (General) Regulations 1996 3 quarrying, dredging or excavating land including land covered by water; or (c) cause a ship or other vehicle carrying any equipment, explosives, instruments or tools specified in paragraphs (a) or (b) to enter or remain within any protected zone. Penalty: 50 penalty units 6. Activities prohibited within protected zones other than specified protected zones (1) 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. Penalty: 50 penalty units. (2) Sub-regulation (1) does not apply to a specified protected zone. 7. Activities prohibited near any historic shipwreck or in any protected zone 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. r. 6 -- 4 of 14 -- S.R. No. 87/1996 Heritage (Historic Shipwrecks) (General) Regulations 1996 4 8. Fees for permits The fees for permits under section 113 of the Act are set out in Schedule 2. 9. Waiver 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. 10. Notification 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 3. 11. Rewards For the purposes of section 116 of the Act the prescribed amount is $50 000. __________________ r. 8 -- 5 of 14 -- S.R. No. 87/1996 Heritage (Historic Shipwrecks) (General) Regulations 1996 5 SCHEDULES SCHEDULE 1 SPECIFIED PROTECTED ZONES Historic Shipwreck Description of Protected Zone Centre of reference Area Other Hurricane (1869) Lat 38deg 20min 34sec S Long 144deg 52min 12sec E 28.3 ha Circle radius 300m __________________ Sch. 1 -- 6 of 14 -- S.R. No. 87/1996 Heritage (Historic Shipwrecks) (General) Regulations 1996 6 SCHEDULE 2 Fees for permits Definitions In this Schedule— "commercial purposes" means 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 $20 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 $100 Class 3 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 $1000 Class 4 Take, disturb, remove, damage, destroy or otherwise interfere with a historic shipwreck or historic shipwreck relics $1000 Class 5 Possess or dispose of otherwise than by trade a historic shipwreck or historic shipwreck relics $20 Class 6 Remove from Victoria or trade in a historic shipwreck or historic shipwreck relics $100 Sch. 2 -- 7 of 14 -- S.R. No. 87/1996 Heritage (Historic Shipwrecks) (General) Regulations 1996 7 Class of application Type of permit activity Fee Class 7 Possess equipment, instruments or explosives of a kind referred to in section 112 of the Act on or near a historic shipwreck or historic shipwreck relics $500 __________________ Sch. 2 -- 8 of 14 -- S.R. No. 87/1996 Heritage (Historic Shipwrecks) (General) Regulations 1996 8 SCHEDULE 3 Heritage Act 1995 Heritage (Historic Shipwrecks) (General) Regulations 1996 WRECK REPORTING FORM (VICTORIA) In accordance with the Heritage (Historic Shipwrecks) (General) Regulations 1996, I hereby give notice of finding: (a) the remains of a ship or of part of a ship (b) an article associated with a ship 1. The finder was/finders were: Name: Name: Address: Address: Telephone: Telephone: 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: Sch. 3 -- 9 of 14 -- S.R. No. 87/1996 Heritage (Historic Shipwrecks) (General) Regulations 1996 9 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— (a) Locality: (b) Latitude: Longitude: Reference chart used: (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. Sch. 3 -- 10 of 14 -- S.R. No. 87/1996 Heritage (Historic Shipwrecks) (General) Regulations 1996 10 10. Description of wreck— (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 Sch. 3 -- 11 of 14 -- S.R. No. 87/1996 Heritage (Historic Shipwrecks) (General) Regulations 1996 11 (i) Are there signs of: 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? Sch. 3 -- 12 of 14 -- S.R. No. 87/1996 Heritage (Historic Shipwrecks) (General) Regulations 1996 12 (e) Does the site become covered by sand? 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 behalf of myself/myself and other persons named in section 1 above*. Signature of finder: Date: Witness: Address of witness * Strike out whichever is not applicable ═══════════════ Sch. 3 -- 13 of 14 -- S.R. No. 87/1996 Heritage (Historic Shipwrecks) (General) Regulations 1996 13 NOTES 1 S.R. No. 311/1992. Notes -- 14 of 14 --