Underwater Cultural Heritage Protection Zones

The Underwater Cultural Heritage Act 2018 (the Act) commenced on 1 July 2019 replacing the Historic Shipwrecks Act 1976. Underwater Cultural Heritage Act 2018 automatically protects all shipwrecks and associated artefacts that have been in Australian waters for 75 years or more, regardless of whether their physical location is known. The Act also automatically protects all submerged aircraft and associated artefacts that have been in Commonwealth waters for 75 years or more. In addition, the Act provides that the Minister for the Environment may declare an underwater cultural heritage (UCH) site to be protected. For example, more recent shipwrecks or submerged aircraft remains and other UCH sites, including Indigenous UCH sites, can be declared to be protected for the purposes of the Act.

The General protection for underwater cultural heritage that is provided under the Act prohibits conduct that: (a) directly or indirectly physically disturbs or otherwise damages the protected underwater cultural heritage, including its surrounding natural environment; or (b) causes the removal of the protected underwater cultural heritage from waters or from its archaeological context i.e., moving artefacts from their original locations or positions on a site.

In addition to the general protection provided to underwater heritage sites, the Actalso provides that an area containing protected underwater heritage may be declared to be a protected zone. These zones may be established for a number of reasons including conservation, management or public safety considerations. For example, sites may contain unexploded military ordnance or unstable structures; or require active management because the underwater heritage and its environment are particularly fragile or sensitive.

The size of protected zones vary and are tailored to suit individual site requirements. Most protected zones cover an area of around 200 hectares, but there is flexibility to declare a larger area around sites that are widely spread, for example, shipwrecks in deep water that have extensive debris fields on the sea floor.

The conduct that is prohibited in each zone is also tailored to suit individual protective or environmental conditions. Entry to some protected zones requires a permit to be obtained, which will specify the conditions of entry. Some protected zones allow vessels to transit through a protected zone without needing to obtain an access permit, while still prohibiting certain underwater activities, such as anchoring, mooring or diving in the area that does require a permit. A guide to the individual protected zones and their permitting requirements is available on the department’s website. It is an offence under the Act to undertake any prohibited conduct unless that conduct is authorised by a permit issued under the Act.

Further information can be found at the website below. https://www.dcceew.gov.au/heritage/underwater-heritage/protected-zones