Terms of reference

Marie Gabrielle's (1869) anchors, Victoria.
Source: John Baker

The Minister for the Environment, Heritage and the Arts has instigated this review of the Historic Shipwrecks Act 1976 (the Act) to examine:

the operation of the Act generally;
the extent to which the intent of the Act is being achieved;
which waters the Act should cover;
the appropriateness of the current arrangements whereby the States and Territories undertake some delegated legislative responsibilities on behalf of the Australian Government;
whether human remains should be specifically identified and managed differently to other relics;
whether the Act should be extended to cover other underwater archaeological sites and relics; and
other legislative mechanisms that could enable Australia to ratify the UNESCO 2001 Convention for the Protection of the Underwater Cultural Heritage.

The review will be guided by the following Australian Government policy objectives:

to protect and conserve Australia's underwater archaeological heritage;
to work in partnership with the States and Territories within an effective federal arrangement;
to facilitate delivery of Australia's international obligations;
to reduce and simplify the regulatory burden on people, businesses and organisations; and
to ensure that activities under the Historic Shipwrecks Act represent the most appropriate, efficient and effective ways of achieving the Government's outcomes and objectives in accordance with the Expenditure Review Principles.

The review will seek input from State and Territory governments, members of the community and industry.

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