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Shipwrecks and the Law

Two laws protect the remains of shipwrecks in waters off the coast of the Northern Territory. The Commonwealth Historic Shipwrecks Act 1976applies to Australian Commonwealth waters surrounding the coast of the Northern Territory. This Act applies from the low water mark to the outer edge of the continental shelf. The Northern Territory Heritage Conservation Act 1991 applies to shipwrecks that are considered to have heritage value and significance, which lie within Northern Territory waters (including harbours, enclosed bays, estuaries, rivers and lakes).

Under the Commonwealth Historic Shipwrecks Act, all shipwrecks and their associated artefacts lost over 75 years ago are automatically protected. Shipwrecks less than 75 years ago can also be protected individually under this Act if considered to be significant. In special circumstances when a shipwreck is considered highly significant (such as a war grave) or particularly vulnerable, a ' Protected Zone' may be declared around the site, requiring a permit from the management authority to enter. Under the Commonwealth legislation there is currently one 'Protected Zone' in the Northern Territory, the site of the WWII Japanese submarine I-124, lost off Bathurst Island in 1942.

Except for the Japanese submarine I-124 where all diving is prohibited, the public are welcome to visit and dive the shipwrecks of the Northern Territory, provided they do not disturb the sites, collect artefacts, damage or interfere with the sites in anyway. Shipwreck sites are fragile ecosystems and even small disturbances can result in considerable long-term damage to both the structure and the living environment that surrounds them. Under the current laws it is illegal to interfere with a protected shipwreck site without a permit from the managing authority.

The Commonwealth Act requires discoveries of a shipwreck or the possession of artefacts from protected shipwrecks to be reported. For the reporting of sites, permits, advice or information concerning Northern Territory shipwrecks and other maritime heritage places please contact either;

  • The Director of the Museum and Art Gallery
    of the Northern Territory
    GPO Box 4646
    Darwin NT 0801
    Ph: 08 8999 8201
  • The Director of Heritage Conservation Services
    Office of Environment and Heritage
    GPO Box 1680
    Darwin NT 0801
    Ph: 08 8924 4056

 

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