New South Wales Consolidated Acts

HERITAGE ACT 1977 - SECT 51

51 Movement, damage or destruction of historic shipwrecks

(1) A person must not move, damage or destroy any historic shipwreck otherwise than in accordance with a historic shipwrecks permit.

(2) This section does not apply to a historic shipwreck that is subject to an interim heritage order made by the Minister or a listing on the State Heritage Register.

(3) This section does not prevent a person from moving, damaging or destroying a historic shipwreck situated in any land in accordance with an excavation permit in force in respect of that land.

(4) It is a defence to proceedings for an offence under this section if the defendant establishes that the act giving rise to the offence was done for the purpose of--

(a) saving human life, or

(b) securing the safety of a ship where the ship was endangered by stress of weather or by navigational hazards, or

(c) dealing with an emergency involving a serious threat to the environment.