The Underwater Cultural Heritage Act 2018 applies to Australian waters , including coastal waters, beyond the seaward limits of the Australian States and also includes the harbours and estuarine waters of the Northern Territory. Approval granted under other legislation may not meet the requirements of the Underwater Heritage Act.
Requirements of the Underwater Heritage Act
The Underwater Heritage Act must be considered when applying for any State, Northern Territory or Commonwealth planning approval for actions or developments in all coastal and offshore waters. When undertaking actions in the marine environment, proponents and their contractors must:
- not take actions that impact on underwater heritage without a permit
- observe the requirements of protected zones
- get a permit to enter or operate in a protected zone if its required
- notify the discovery of any suspected underwater heritage within 21 days.
Assessing risk
Actions involving contact, or potential contact with the seabed can impact underwater heritage. Other activities may include the risk of causing indirect impacts to underwater heritage.
To prevent committing an offence, we recommend:
- seeking professional advice
- developing risk mitigation strategies.
Advice on how to identify and mitigate risks are in Assessing and Managing Impacts to Underwater Cultural Heritage in Australian Waters: Guidelines on the application of the Underwater Cultural Heritage Act 2018.
Permit applications and discovery notifications
Permit applications and discovery notifications are made through the Australasian Underwater Cultural Heritage Database:
- Permit application for entry into a protected zone or to impact underwater cultural heritage
- Notification of discovery of underwater cultural heritage
Contact us
Please send your enquiries to underwaterheritage@dcceew.gov.au