Heritage Conservation Act 1991
The Heritage Conservation Act 1991 (NT) provides statuary protection for all forms of heritage, Aboriginal and non-Aboriginal, built and natural, on land and underwater.
The purpose of this Act is to provide a legal frame work for the identification and recording, assessment, conservation and protection of places and objects of prehistoric, proto-historic, historic, social, aesthetic or scientific value, including geological structures, fossils, archaeological sites, ruins, buildings, gardens, landscapes, coastlines and plant and animal communities or ecosystems of the Northern Territory.
Submerged material culture in its many forms, whether it is a shipwreck, an aircraft wreck or an historic jetty, can be protected under the Heritage Conservation Act 1991 provided it is considered to have heritage significance. The Act actually stipulates that heritage places could be either covered or uncovered by water (Heritage Conservation Act 1991 (as at March 2003) Part 1 section 4).
The process of protection begins with a nomination that requires a formal assessment of heritage significance. Approval is then required from the Heritage Advisory Council before going to the Minister for final ministerial approval and gazettal.
In addition to the formal nomination process the Minister may also under the Act’s regulations, declare a place or object to be subject to an ‘Interim Conservation Order’ (ICO). This is in place for 90 days and offers immediate protection until such time as a formal assessment can be made.
The Heritage Conservation Act 1991 has jurisdiction over all Northern Territory waters.
