Underwater cultural heritage, maritime sites (including historic shipwrecks) and associated relics are protected by the:
- Heritage Act 1977
- Underwater Cultural Heritage Act 2018.
The Australian Government works collaboratively with state and territory government agencies to protect and conserve Australia’s underwater cultural heritage.
We work under delegation to the Commonwealth to monitor and manage maritime heritage sites in New South Wales to ensure seamless administration of underwater cultural heritage.
We issue permits for Commonwealth sites on their behalf.
A permit is not required to access most shipwrecks and underwater sites in NSW waters. Divers are free to visit these shipwreck sites and to learn from them.
There is currently one shipwreck site in New South Wales that has a protected zone around it. The M24 Japanese midget submarine off Sydney is currently open for research and archaeological diving only. You need a permit to visit this site.
Apply for a permit to enter the M24 submarine shipwreck protected zone.
Permits to enter shipwreck protected zones are granted under the Underwater Cultural Heritage Act 2018.
Occasionally, good heritage practice means that archaeological excavation of a historic shipwreck may be desirable or necessary. Where appropriate in specific circumstances, the Heritage Council of NSW can authorise the movement of part or all of the shipwreck by issuing a historic shipwreck permit.
Contact us about historic shipwreck permits in New South Wales.
If you discover or know of the discovery of a historic shipwreck site or relic in New South Wales, you must notify us as soon as practically possible after the discovery is made.
To notify us complete and submit the Maritime archaeology reporting form (PDF 600KB).
We will review the information provided and guide you with the next steps.
The notification of a historic shipwreck or relic is required under section 7 of the Commonwealth Underwater Cultural Heritage Act 2018.
Most artefacts from shipwrecks, including all old Dutch shipwreck artefacts, are legally owned by the Commonwealth of Australia under the Commonwealth Navigation Act 2012 and the 1972 Agreement between the Netherlands and Australia concerning old Dutch Shipwrecks, regardless of who may currently have the item in their possession.
Under international convention, ownership of sunken military aircraft and vessels resides with the Department of Defence or the military authorities of the relevant foreign country.
Refer to the Australian Government's Possessing, exporting and importing of underwater cultural heritage webpage for more information and how to apply for these permits:
- application for possession or export of underwater cultural heritage
- permit application to import underwater cultural heritage into Australia
- notification of the possession or transfer of underwater cultural heritage.