Management of maritime archaeology under Australian legislation

Operating under a federal form of government Australia has two sets of legislation (Federal and State) relating to maritime archaeology. The Federal legislation is the Historic Shipwrecks Act 1976, under which maritime archaeological shipwreck sites are protected. In addition all seven States have their own State legislation protecting maritime archaeological sites that lie in State waters. In all States, except Queensland, the authority delegated with responsibility for the State and Federal Acts is the same. The lack of conformity and the confusion which exists between the various forms of legislation is, however, symptomatic of a country that once had five different railway gauges even today the railway track outside my office has three rails! It is the purpose of this paper to discuss the management issues relating to maritime archaeological sites, the legislation, the departments that administer underwater cultural heritage sites and the issues that relate to them. The discussion will also compare the legislation in Britain and the United States of America, and then examine the general situation in Australia and the particular case of Western Australia.