National Heritage Act 2005 · Updated to 1 Jun 2006 · Part IX · Underwater Cultural Heritage
66. Ownership of underwater cultural heritage found during survey, salvage or excavation
Feedback & supportAny underwater cultural heritage discovered during any survey, salvage or excavation works shall vest in the Commissioner and shall be listed in the Register.
underwater cultural heritage
“underwater cultural heritage” means all traces of human existence having a cultural, historical or archaeological character which have been partially or totally under water, periodically or continuously, for at least one hundred years such as— (a) sites, structures, buildings, artefacts and human remains, together with their archaeological and natural context; (b) vessels, aircraft, other vehicles or any part thereof, their cargo or other contents, together with their archaeological and natural context; and (c) objects of prehistoric character;
Where the Commissioner takes possession of any underwater cultural heritage, he shall within forty-eight hours cause to be posted a list of the underwater cultural heritage in any port office within the district where the underwater cultural heritage was discovered.
Commissioner
“Commissioner” means the Commissioner of Heritage appointed under section 4;
Any owner of the underwater cultural heritage may, upon establishing his claim to the satisfaction of the Commissioner, within one year from the time at which the underwater cultural heritage came into the possession of the Commissioner, and upon paying the salvage fees and expenses due, be entitled to have the possession of the underwater cultural heritage upon such terms and conditions as may be imposed by the Commissioner.
owner
“owner”, in relation to any land, means the registered owner or the holder by customary tenure of the land; National Heritage 15
An owner who fails to comply with any of the terms and conditions imposed under subsection (3) commits an offence.
Where no owner establishes a claim within one year, the underwater cultural heritage shall be the absolute property of the
Federal Government.
Unless otherwise directed by the Minister, the Commissioner may preserve the underwater cultural heritage in situ.
Minister
“Minister” means the Minister charged with the responsibility for heritage;