Shipwreck Coins and Relics-Your Legal Obligations
The Historic Shipwrecks Act 1976 protects shipwrecks and their associated relics in Commonwealth waters. It is illegal to disturb or remove items from historic shipwrecks. However, the law does provide ways in which members of the public and dealers can legally purchase or sell coins. The only shipwreck coins and relics legally in circulation are those which have a registration certificate.
The Historic Shipwrecks Act does not prevent private possession of certified shipwreck coins and relics, nor their sale or disposal but it does regulate their transfer. A permit system was established to ensure that historic shipwrecks and historic articles receive protection from unnecessary interference and to provide a means for keeping track of the location of articles that are part of Australia’s heritage. Permits are required before selling or otherwise disposing of a shipwreck coin or relic.
The penalty for sale or disposal without a permit is a $10,000 fine for an individual or five years imprisonment or both. A company or body corporate risks a fine up to $50,000. An application in writing for a permit to transfer shipwreck coins and relics should be made to the Minister's nominated delegate in each State and Territory.
In Western Australia this is the Director of the Western Australian Museum:
DR DAWN CASEY
Chief Executive Officer, Western Australian Museum
and Delegate of the Commonwealth Minister for the Environment and Water Resources
c/o Department of Maritime Archaeology
Shipwreck Galleries
WA Museum
47 Cliff St Fremantle 6160
A coin dealer or any other person who buys, or in any other way comes into possession of a shipwreck coin or relic must also notify the Delegate within 30 days. This can be done by completing a Section 9 (4) form. Similarly, the previous custodian should complete a Section 10 (1) (e) to alert the Delegate that the coin/relic is no longer in their possession. Both forms should be returned to the Delegate.
In addition to the requirements of the Commonwealth Historic Shipwrecks Act 1976, the Commonwealth Protection of Movable Cultural Heritage Act 1986, makes it illegal to remove an historic relic from Australia without an export permit being issued under this Act. For further information about this Act please go to http://www.deh.gov.au/heritage/movable/index.html or contact Ms Rosemary Hollow, Assistant Director, Moveable Cultural Heritage (02) 6274 2539. Dealers should be aware that there is also State legislation which covers historic shipwrecks, and related relics.