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House of Assembly - Fifty-Third Parliament, Second Session (53-2)
2016-11-29 Daily Xml
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Historic Shipwrecks (Miscellaneous) Amendment Bill

Introduction and First Reading

Received from the Legislative Council and read a first time.

Second Reading

The Hon. S.E. CLOSE (Port Adelaide—Minister for Education and Child Development, Minister for Higher Education and Skills) (16:21): I move:

That this bill be now read a second time.

I seek leave to have the second reading explanation inserted in Hansard without my reading it.

Leave granted.

The State Government is introducing the Historic Shipwrecks (Miscellaneous) Amendment Bill 2016 to better protect South Australia's shipwrecks and relics of historic significance. These assets also hold educational, recreational and tourism value.

Under the Historic Shipwrecks Act 1981, shipwrecks and their relics are protected to prohibit the removal of or damage to these sites. Any wreck in South Australian waters older than 75 years is automatically protected under this Act. Approximately 270 historic shipwrecks have previously been declared under the Act in South Australia.

The development of scuba diving in the 1950's led to the discovery and exploitation of some of Australia's most significant shipwrecks. Wreck material was pillaged as 'treasure', souvenirs or scrap metal. Many vessels were illegally blown apart with explosives, with total disregard for the archaeological integrity of the site or its future enjoyment by others.

In 1976 the Federal Government acknowledged the need to protect significant shipwreck sites and relics with the introduction of the Historic Shipwrecks Act 1976 for Commonwealth Waters extending from the low water mark to the edge of the continental shelf.Complementary South Australian legislation commenced a few years later with the Historic Shipwrecks Act 1981 for South Australian Waters.

In recent years the Government has received a significant number of reports of illegal activity in South Australian waters, particularly in the Marine Park Sanctuary Zones.

The Offshore Ardrossan Marine Park Sanctuary Zone has been an area of focus following the introduction of fishing restrictions, which took effect in October 2014. As well as a sanctuary zone, the area immediately around the old wreck of the Historic Shipwreck Zanoni is a protected zone under the Act. This zone protects the 135 year old wreck. The Zanoni is the most complete 19th century merchant vessel shipwreck in South Australia and possibly in all of Australia. Such wrecks are very fragile; dropping anchor or line fishing nearby can cause significant damage.

From recent prosecutions, it became apparent that existing compliance provisions and penalties under the Act were outdated. It was recognised that the penalties had not been reviewed since the Act first came into operation in 1981.

The Government acknowledges the importance of South Australia's shipwrecks and relics and anticipates that increasing penalty amounts will assist with deterring illegal activity, and help to safeguard historic shipwrecks for future generations.

As part of the Bill, it is proposed that all existing penalty amounts under the Act be increased so they are commensurate with contemporary penalties.

The Bill also includes the head power to allow for expiation fees (not exceeding $750) to be included for minor offences against the Historic Shipwrecks Regulations 2014 (the Regulations). Expiation fees are currently not provided for in the Act or the Regulations. Accordingly, the Regulations will require amendment following the Bill being assented to. The ability to issue expiation notices for minor offences will be a useful provision in compliance efforts.

A number of other minor amendments are also contemplated.

The Bill proposes amendments to the Act to make it clear that the Minister can only declare a shipwreck or shipwreck relic to be historic if it is not already historic by virtue of its age. Section 4A of the Act operates to make a shipwreck or shipwreck relic historic for the purposes of the Act if (1) it has been situated in the territorial waters of the State for 75 years or more, or (2) in the case of a shipwreck or relic that has been removed from waters, if the 75th anniversary of the date on which it first came to rest on the seabed has passed. Consequential amendments are proposed to the provisions relating to the declaration of protected zones to ensure that a protected zone remains in place when a declaration that a shipwreck or relic is historic ceases to be in force because the shipwreck or relic has become historic due to its age.

It is proposed that more powers are given to historic shipwrecks inspectors, to bring these powers in line with standard provisions included in other contemporary pieces of legislation. Additional powers proposed include the ability for an inspector to give directions with respect to the stopping, securing or movement of a vessel; to require a person to state their full name and usual place of residence, and to produce evidence of their identity; and to take photographs, films, video or audio recordings.

An amendment to the Minister's ability to delegate duties, functions or powers conferred to the Minister, under other Acts, is further proposed. The Minister is currently unable to delegate the power to provide direction in response to development referrals related to development impacting on historic shipwrecks, as currently conferred by the Development Act 1993 and the associated Development Regulations 2008. It was never intended for the Minister administering the Historic Shipwrecks Act 1981 to respond to every development referral request personally. It is appropriate for this power to be delegated to a suitable officer.

The Government has consulted widely on the proposed amendments with the community and key stakeholders including boating, fishing and scuba diving groups, the Local Government Association, the South Australian Maritime Museum, the Australasian Institute of Maritime Archaeology, the Department of Archaeology at Flinders University, Australia's International Council on Monuments and Sites and other relevant State and Commonwealth government agencies.

The proposed reforms received positive support from the community and stakeholders during the 5-week consultation period that ran from 20 May until 24 June this year.

We must take this opportunity to contemporise the historic shipwrecks legislation in order to protect our State's valuable shipwrecks and relics for future generations.

I commend the Bill to Members.

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Commencement

3—Amendment provisions

These clauses are formal.

Part 2—Amendment of Historic Shipwrecks Act 1981

4—Amendment of section 3—Interpretation

This clause redefines the terms historic relic and historic shipwreck by reference to section 4A, and it inserts a definition of vessel for the purposes of the Act.

5—Substitution of section 4A

4A—Certain shipwrecks and shipwreck relics are historic

Under this section there are two ways that a shipwreck or shipwreck relic can become 'historic' for the purposes of the Act: (1) automatically by force of the section if the shipwreck or relic has been in territorial waters of the State for 75 years, or in the case of a shipwreck or relic that has been removed from such waters, if 75 years have passed since the shipwreck or relic came to rest on the seabed of territorial waters, and (2) by notice in the Gazette if the shipwreck or relic is declared historic by the Minister under section 5 or 6. The second method allows shipwrecks and relics to become historic earlier in time if the Minister is of the opinion that they are of historic significance.

6—Amendment of section 5—Declaration that shipwrecks and relics are historic

This clause amends section 5 to clarify that the declaration of shipwrecks and shipwreck relics as historic does not apply to those which are historic by force of the operation of section 4A.

7—Amendment of section 6—Provisional declaration that shipwrecks and relics are historic

This clause amends section 6 to clarify that the provisional declaration of shipwrecks and shipwreck relics as historic does not apply to those which are historic by force of the operation of section 4A.

8—Amendment of section 7—Declaration of protected zones

This clause amends section 7 so that a declaration of a protected zone remains in force, despite a declaration under section 5 or 6 being revoked or no longer having force, if the notice relates to an area in which there is a shipwreck or shipwreck relic which is historic by force of the operation of section 4A.

9—Amendment of section 9—Notice of location of historic shipwrecks and relics

This clause amends section 9 to increase the maximum penalties for offences against the section from $1,250 to $10,000. Also, references to gender are altered to be gender-neutral.

10—Amendment of section 10—Power of Minister to ascertain location of historic shipwrecks and relics

This clause amends section 10 to increase the maximum penalty for an offence against the section from $1,250 to $10,000.

11—Amendment of section 11—Power of Minister to give directions in relation to custody of historic shipwrecks and relics

This clause amends section 11 to increase the maximum penalty for an offence against the section from $2,500 to $10,000.

12—Amendment of section 12—Register of Historic Shipwrecks

This clause amends section 12 to require the Minister to include certain information in the Register of Historic Shipwrecks.

13—Amendment of section 13—Prohibition of certain action in relation to historic shipwrecks and relics

This clause amends section 13 to alter the maximum penalties for an offence against the section from $5,000 or imprisonment for 5 years to $20,000 or imprisonment for 4 years.

14—Repeal of section 14

This clause repeals section 14 which contains regulation-making powers relating to protected areas. These powers are to be included in the substituted section 29.

15—Amendment of section 15—Permits for exploration or recovery of shipwrecks and relics

This clause amends section 15 to increase the maximum penalties for an offence against the section from $2,500 to $10,000. Also, references to gender are altered to be gender-neutral.

16—Amendment of section 16—Defences

This clause amends section 16 to alter a cross-reference. This amendment is consequential on the repeal of section 14.

17—Amendment of section 17—Discovery of shipwrecks and relics to be notified

This clause amends section 17 to increase the maximum penalties for offences against the section from $1,250 to $10,000. Also, references to gender are altered to be gender-neutral.

18—Amendment of section 21—Appointment of inspectors

This clause amends section 21 to increase the maximum penalty for an offence against the section from $125 to $500. Also, references to gender are altered to be gender-neutral.

19—Substitution of section 22

22—Powers of inspectors

Section 22 sets out the powers of inspectors for the administration and enforcement of the Act.

20—Amendment of section 23—Arrest without warrant

This clause amends section 23 to alter a cross-reference. This amendment is consequential on the repeal of section 14. Also, references to gender are altered to be gender-neutral.

21—Amendment of section 24—Seizure and forfeiture

This clause amends section 24 to allow an inspector to seize and retain any vehicle, vessel, equipment or other thing that the inspector has reason to suspect has been used in, is otherwise involved in, or affords evidence of, the commission of an offence against the Act.

22—Amendment of section 27—Delegation

This clause amends section 27 to allow the Minister to delegate any duties, functions or powers that are, under another Act or statutory instrument, assigned to the Minister for the time being administering the Historic Shipwrecks Act.

23—Substitution of section 29

29—Regulations

Section 29 sets out the powers of the Governor to make regulations for the purposes of the Act.

Debate adjourned on motion of Mr Pederick.

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