Tyndall, in the matter of [1977] FCA 71

va

REGISTRAR FEDERAL COURT OF AUSTRALIA,

HIGH COURT OF AUSTRALIA

ROBINSON PLAINTIFF AND THE WESTERN AUSTRALIAN MUSEUM DEFENDANT ORDER

Demutrrer overruled with costs

31 AUGUST 1977

Solicitors for the plaintiff, Messrs, £. M, Heenan & Co. Solicitors for the defendant, Mr C. le Ber Langouiant, Crown Solicitor for the State of Western Austraha

BARWICK C.J. In the year 1656 a Dutch vessel named "'Vergulde Draeck" or "Gilt Dragon" on its way from the East Indies to Holland in the course of trade, was blown off course and succumbed to an uncharted reef on the West Australian coast near Ledge Point, between the present towns of Lancelin and Yanchep some 40 miles or so north of Perth. The remains of the vessel thus wrecked now lie on the floor of the occan some 2.87 miles from the nearest pomt of that coast. The plaintiff claims to have located the remains of the vessel and subsequently, after an interval of time, 1o have relocated them and to have extracted therefrom a number of articles He has brought this suit seeking a declaration that State legislation, namely the Museum Act 1959- 1964 (W.A.) (the 1959 Museum Act), the Museum Act 1969 (W A.) (the 1969 Museum Act) which Act repealed the 1959 Afuseum Act, and the Marine Archaeology Act 1973 (W A.) (the Marine Archaeology Act) are in fact void as being beyond the legislative competence of the State of Western Australia. He claims that, 1f valid, these laws would prevent him from continuing to explore the remains of the vessel and to remove therefrom any of the things it was carrying or which had formerly been affixed thereto and to obtain salvage or other compensation for what he has already done or might yet do in relation to the wreck. The State challenges the plamtiff's interest to bring such a suit and asserts the validity of the Icgislation Two principal questions arise for decision