Martime heritage legislation

Shipwrecks are protected in Victoria by the Victorian Heritage Act 1995 the Commonwealth Historic Shipwrecks Act 1976.

All shipwrecks and shipwreck relics in Victorian waters that are at least 75 years old are protected by these two laws. Some shipwrecks less than 75 years old can also be protected.

Victorian Heritage Act (1995)

The Victorian Heritage Act 1995 protects historic shipwrecks and relics in State waters, which includes bays, harbours and rivers such as Port Phillip Bay, Gippsland Lakes and the Goulburn River.

Major aims of the Act

• Protects all shipwrecks and relics associated with ships that have been in Victorian waters for 75 years or more, whether or not their existence or location is known.
• Allows for shipwrecks and relics less than 75 years old to be specifically protected under the Act.
• Controls activities which may result in the destruction, damage, removal, disturbance or interference of an historic shipwreck or associated relic.
  
• Prohibits the removal of shipwreck relics, and buying, selling, exchanging or disposing of a shipwreck or associated relic without a permit.
• Allows divers to visit shipwreck sites for recreational purposes, but relics must not be removed from the site and the fabric of the shipwreck must not be disturbed, unless a permit has been obtained.
• States the finder of a shipwreck or associated relic must advise Heritage Victoria in writing within 7 days by providing the details required by the Heritage (Historic Shipwrecks) (General) Regulations 1996. Shipwreck Reporting Forms can be obtained from Heritage Victoria (504Kb PDF).
• Provides for rewards to be made to the finders of previously unknown shipwrecks.
• Allows for a protected, or no-entry zone to be established around an historic shipwreck. The zone may cover an area up to 100 hectares, usually defined as a radius of up to 560m, around a wreck site.
  
  There are currently 7 protected zones, all within Port Phillip Bay. 5 of these have been declared to protect fragile shipwreck sites.
  
  Although a fragile site, the protected zone around the William Salthouse prevents general access but allows recreational diving with a permit. The protected zone around the HMVS Cerberus was declared to protect people from injury as the wreck is unstable and potentially dangerous to visitors. The Hurricane protected zone was established to protect it from damage by commercial fishing, but a permit is not required for recreational boating, fishing and diving.
  
  

• Establishes the Maritime Heritage Advisory Committee, a statutory body that advises the Heritage Council on a range of matters relating to historic shipwrecks and associated relics. It is made up of 12 members elected for their expertise in areas relevant to the protection and management of historic shipwrecks in Victoria.

Commonwealth Historic Shipwrecks Act (1976)

The Commonwealth Historic Shipwrecks Act 1976 protects historic shipwrecks and relics in Commonwealth waters, extending from below the low water mark to the edge of the continental shelf.

Under the Commonwealth Historic Shipwrecks Act 1976, all wrecks more than 75 years old are protected, together with their associated relics. The Minister for the Environment and Water Resources can also make a declaration to protect any historically significant wrecks, articles and relics which are less than 75 years old.

Like the Victorian Heritage Act 1995, the Commonwealth Historic Shipwrecks Act 1976 aims to protect and conserve historic shipwrecks for historical, recreational and educational purposes. It also controls activities which could result in the damage, interference, removal or destruction of an historic shipwreck or associated relic. Divers can visit wreck sites protected under the Act for recreational purposes but relics must not be removed from the wreck site and the physical fabric of the wreck must not be disturbed without a permit. Advice can be found at http://www.environment.gov.au/heritage/shipwrecks/environmental-planning.html

The Commonwealth Historic Shipwrecks Act 1976 allows for protected zones, or no-entry zones, of up to 200 hectares, equivalent to a radius of up to 800m around a wreck site. Like the Victorian Heritage Act 1995, these zones may be declared when a shipwreck is thought to pose either a risk to visitors, or is at particular risk of damage or interference. The declaration of a protected zone prohibits all entry into thie zone without a permit. Protected zones, declared under the Commonwealth Historic Shipwrecks Act 1976 lie around the wrecks of the PS Clonmel and the SS Alert. Permits are also required to undertake any activities otherwise prohibited or restricted by the Act.

Historic shipwreck forms and permits required for the following;

• Any recreational, research or commercial activity that has the potential to damage or interfere with an historic shipwreck or relic
  
• Entering a protected zone located around any shipwreck and before historic shipwreck relics can be transferred from one person to another.
• The discovery of any historic shipwreck or possession of historic shipwreck relic
  
• To report any incident or activity that may threaten the protection of a historic shipwrecks and associated relics or illegal under the Historic Shipwrecks Act.

Further information can be found by visiting the Commonwealth Historic Shipwrecks website.