Victorian Current Acts

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HERITAGE ACT 2017 - SECT 4

Meaning of historic shipwreck

    (1)     Subject to subsection (5), a historic shipwreck is a shipwreck that has been situated in Victorian waters—

        (a)     for 75 years or more; or

        (b)     for the number of years specified under proclamation under section 6 (a proclaimed number of years ).

    (2)     Subsection (1) applies whether or not the existence or location of the shipwreck is presently known.

    (3)     In addition but subject to subsection (5), a shipwreck that has been removed from Victorian waters at any time becomes a historic shipwreck

        (a)     75 years after the likely date that the shipwreck first came to rest on the sea-bed; or

        (b)     if there is a number of years specified under proclamation under section 6, the proclaimed number of years after the likely date the shipwreck first came to rest on the sea-bed.

    (4)     Subsection (3) does not apply to a shipwreck that has been salvaged or recovered if the salvage or recovery was not contrary to any law in force at the time it occurred.

    (5)     A shipwreck is not a historic shipwreck if it is—

        (a)     a shipwreck specified under proclamation under subsection (6); or

        (b)     a shipwreck of a class specified under proclamation under subsection (6).

    (6)     The Governor in Council, by proclamation published in the Government Gazette, may specify a shipwreck, or a shipwreck of a specified class, is not a historic shipwreck.



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