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HERITAGE ACT 2017 (NO. 7 OF 2017) - SECT 256

Regulations—underwater cultural heritage

    (1)     In addition to section 255, the Governor in Council may make regulations for or with respect to the conservation and good management of registered shipwrecks, historic shipwrecks, registered shipwreck artefacts, historic shipwreck artefacts and protected zones including regulations for or in relation to prohibiting or restricting the following—

        (a)     entry into or remaining in a protected zone;

        (b)     the bringing into a protected zone of—

              (i)     equipment constructed or adapted for the purpose of diving or salvage or recovery operations, whether on land or on or under water; or

              (ii)     any explosives, instruments or tools the use of which would be likely to damage or interfere with a registered shipwreck, historic shipwreck, registered shipwreck artefact or historic shipwreck artefact situated within that protected zone;

        (c)     the use within a protected zone of any equipment, explosives, instruments or tools referred to in paragraph (b);

        (d)     the causing of a ship or other vehicle carrying equipment, explosives, instruments or tools to enter or remain within a protected zone;

        (e)     cultivating, mining, quarrying or other activity on or below land within a protected zone;

        (f)     trawling, fishing, diving or other underwater activity within a protected zone;

        (g)     the mooring or use of ships or the parking or use of vehicles within a protected zone;

        (h)     any other activities within a protected zone which would be likely to damage or interfere with a registered shipwreck, historic shipwreck, registered shipwreck artefact or historic shipwreck artefact within that zone.

    (2)     Regulations made under this section may prescribe penalties not exceeding 50 penalty units for a contravention of a provision of any regulations made for the purposes of subsection (1) other than any provision in respect of underwater cultural heritage that is not a shipwreck or shipwreck artefact.

    (3)     The provision that may be made by regulations made for the purposes of this section for or in relation to regulations restricting the doing of an act includes a provision prohibiting the doing of that act except in accordance with a permit.

Part 14—Repeal, savings and transitional provisions

Division 1—Repeal of the Heritage Act 1995



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