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Underwater Cultural Heritage Act 2018

Queensland’s maritime and underwater heritage is protected and managed under the provisions of state and Commonwealth legislation which provide protection for all underwater cultural heritage sites and associated artefacts older than 75 years. This protection applies to all ship and aircraft wrecks, and other submerged archaeological sites located along Queensland’s open coast, bays, lakes, and inland waterways.

Queensland participates with the Australian Government and other states, the Northern Territory and Norfolk Island government agencies through the Historic Shipwrecks Program, to protect and conserve Australia’s irreplaceable underwater heritage. Participants in the program jointly administer and manage underwater cultural heritage located adjacent to their coasts and provide national consistency over how shipwrecks, sunken aircraft and other types of underwater heritage are protected and managed. The participants also work towards fulfilling the objectives of the Underwater Cultural Heritage Act 2018.

The federal Underwater Cultural Heritage Act, which came into effect on 1 July 2019, gives clarity to present and ongoing jurisdictional arrangements for the protection and management of Australia’s underwater cultural heritage. The issuing of permits is delegated to the Director, Heritage and Arts in the Department of Environment and Science.

Part 9 of the Queensland Heritage Act 1992 also includes provisions to protect underwater cultural heritage in State waters, in line with protections under Commonwealth Underwater Heritage Act.

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