Protection of Maritime Archaeological Sites
Legislation
In Australia, maritime archaeological sites are protected under Commonwealth and State legislation. These laws protect sites from illegal interference or damage by individuals and companies, to preserve them for future generations. This page provides a summary of your responsibilities under these Acts. Be aware that other legislation and regulations may apply for activities undertaken Australian and State waters.
Geoscience Australia provides a detailed explanation of Australia’s maritime boundaries.
Underwater Cultural Heritage Act 2018 (Cth)
The Commonwealth Maritime Archaeology Act 1973 (MA Act) protects pre-1900 maritime archaeological sites on State lands and in State waters. Maritime archaeological sites include shipwrecks, and structures, survivor camps, and artefacts (‘relics’) associated with historic ships. This Act defines a ‘historic ship’ as any ship lost, wrecked, abandoned or stranded on or off the coast of Western Australia prior to 1900. Artefacts (‘relics’) pertains to anything that appears to have formed part of, been carried by, derived from, or associated with a historic ship. A rewrite of the MA Act is currently underway following consultation and a review of the Act.
Industry information
This summary is provided to assist companies or individuals to minimise the chance of non-compliance under the Underwater Cultural Heritage Act 2018 (UCH Act). This information is relevant to anyone proposing actions or developments in Australian waters, particularly if they involve contact with, or proximity to, the seabed. General information can be found on the Department of Climate Change, Energy, the Environment and Water’s (DCCEEW) website.
Guidelines for Assessing and Managing Impacts to Underwater Cultural Heritage in Australian Waters
DCCEEW has released guidelines for assessing and managing impact to underwater cultural heritage. These guidelines explain the UCH Act, outline obligations, and provide recommendations for meeting the protection requirements of the UCH Act.
Guidelines for Assessing and Managing Impacts to Underwater Cultural Heritage in Australian Waters
Technical Guidelines on the Archaeological Assessment of First Nations Underwater Cultural Heritage in Commonwealth Waters
DCCEEW has released draft guidelines for protecting and managing First Nations archaeological underwater cultural heritage. These guidelines are relevant for near and offshore developers and underwater archaeologists on how to meet the requirements of the UCH Act, in relation to First Nations UCH.
These draft guidelines were released for feedback on 1 August 2024. Submissions can be made until 29 November 2024.
Reporting, registering, notifying and permitting
This section provides a summary of your obligations under the Underwater Cultural Heritage Act 2018 and Maritime Archaeology Act 1973 in relation to reporting finds and custodianship of artefacts, including coins.
Reporting
If you find a new maritime archeological site, including shipwrecks, submerged aircraft, or artefacts, you must report the find. This is a legal requirement under section 40 of the Underwater Cultural Heritage Act 2018 and section 17 (1) of the Maritime Archaeology Act 1973.
Finds can be reported online through the Australasian Underwater Cultural Heritage Database.
Please inform the WA Museum of any new finds within WA State waters.
Registering, notifying and permitting artefacts, including coins
The UCH Act protects artefacts associated with shipwrecks and submerged aircraft in Australian waters. It is illegal to disturb or remove artefacts, including coins, from these sites.
Artefacts already in private possession or institutional collections must be registered with the Australian government and have a valid permit. You can apply for permits online.
Please be aware, artefact registration certificates issued under the repealed Historic Shipwrecks Act 1976 and the Western Australian Museum Act 1959-1964 are no longer valid and you need to apply for a new permit.
If you believe you are in possession of an unregistered artefact, notify the Commonwealth online.
For further information, DCCEEW provides information on possessing, exporting, and importing underwater cultural heritage and a custodian’s responsibilities.
Transferring Custodianship
If an artefact, including a coin, has a valid permit, custodianship can be transferred to other people or institutions. The person or institution receiving the artefact must provide notification of possession within 14 days of the transaction.
Exporting and importing artefacts, including coins
To export UCH-related artefacts, you must:
- Apply for a permit under the UCH Act
- Apply for a permit under the Protection of Movable Cultural Heritage Act 1986 (Cth). More information is available through the Department of Infrastructure, Transport, Regional Development, Communications and the Arts.
There is a separate application to obtain import permits for underwater cultural heritage.
