LAW AND WRECK
The issue is complicated. It is not against the law to take material from wreck. The salvor does have legal rights and there are companies and individuals who make an honest living from commercial salvage. In other walks of life it is called recycling. The issue with divers is complicated by the concept of disturbing human remains, stealing by finding, and destroying the underwater archaeological resource of the future.
WHAT ARE THE MAJOR LAWS.
Merchant Shipping Act 1995 s236
This section requires individuals to report all wreck to the Receiver of Wreck even if they own the vessel. The contents and personal possessions of the crew could all have different owners. The ROW has a duty to try to find the rightful owners.
A salvage award is payable when this happens. When the owner cannot be found, or does not wish to keep the material then the salvor can keep it, and has Legal title in lieu of a salvage award. This is what happens in 90% of current cases. The finder may receive the monetary value from a museum should the wreck be of archaeological or historical importance.
S230 allows salvage of British warships in our territorial waters, but as sport divers perhaps we need to balance legal rights to salvage against the hurt and distress caused to others. In today's climate, being on the right side of the law may not be enough, we need to consider our moral duty to think about the feelings of the survivors and next of kin.
International Salvage Convention 1989 Article 4
No salvage of warships without the consent of the relevant government.
This means that there should be no salvage of U-boats in UK waters without the specific permission of the German government.
No salvage of Crown vessels in international waters without the specific consent of the Ministry of Defence.
Protection of Military remains Act 1986.
This Act gives automatic protection for wrecked aircraft but there is no automatic protection for ships yet. 'War graves' do not exist in law. Technically they are known as derelicts. This has proved hard for survivors to bear.
Protection of the military remains could come in as protected place; which means "look-don't touch". Or as a controlled site- no diving other than by licensed divers. The vessels are not just those with an HMS prefix, but any ship requisitioned by the Crown, or under contract to deliver materials or otherwise on official business.
It would only need a Statutory Instrument to designate these vessels, which could take less than 24 hours to complete.
Protection of Wrecks Act 1973.
This already exists to protect historically important sites such as the Mary Rose. They may only be dived under licence from the Department for Culture, Media and Sport.
The Act is also used to prohibit interference with dangerous vessels such as the Richard Montgomery. It has been used recently to prevent divers from diving a wreck containing munitions, which were then defused on a beach used by the public.
Other laws that may affect divers are:
The Theft Act. A clubhouse full of undeclared wreck may lead to the charge of stealing by finding.
The Firearms Act may be contravened by the possession of live munitions
Health and Safety Legislation when diving for profit or reward.
WHAT ARE THE MAJOR LAWS.
Merchant Shipping Act 1995 s236
This section requires individuals to report all wreck to the Receiver of Wreck even if they own the vessel. The contents and personal possessions of the crew could all have different owners. The ROW has a duty to try to find the rightful owners.
A salvage award is payable when this happens. When the owner cannot be found, or does not wish to keep the material then the salvor can keep it, and has Legal title in lieu of a salvage award. This is what happens in 90% of current cases. The finder may receive the monetary value from a museum should the wreck be of archaeological or historical importance.
S230 allows salvage of British warships in our territorial waters, but as sport divers perhaps we need to balance legal rights to salvage against the hurt and distress caused to others. In today's climate, being on the right side of the law may not be enough, we need to consider our moral duty to think about the feelings of the survivors and next of kin.
International Salvage Convention 1989 Article 4
No salvage of warships without the consent of the relevant government.
This means that there should be no salvage of U-boats in UK waters without the specific permission of the German government.
No salvage of Crown vessels in international waters without the specific consent of the Ministry of Defence.
Protection of Military remains Act 1986.
This Act gives automatic protection for wrecked aircraft but there is no automatic protection for ships yet. 'War graves' do not exist in law. Technically they are known as derelicts. This has proved hard for survivors to bear.
Protection of the military remains could come in as protected place; which means "look-don't touch". Or as a controlled site- no diving other than by licensed divers. The vessels are not just those with an HMS prefix, but any ship requisitioned by the Crown, or under contract to deliver materials or otherwise on official business.
It would only need a Statutory Instrument to designate these vessels, which could take less than 24 hours to complete.
Protection of Wrecks Act 1973.
This already exists to protect historically important sites such as the Mary Rose. They may only be dived under licence from the Department for Culture, Media and Sport.
The Act is also used to prohibit interference with dangerous vessels such as the Richard Montgomery. It has been used recently to prevent divers from diving a wreck containing munitions, which were then defused on a beach used by the public.
Other laws that may affect divers are:
The Theft Act. A clubhouse full of undeclared wreck may lead to the charge of stealing by finding.
The Firearms Act may be contravened by the possession of live munitions
Health and Safety Legislation when diving for profit or reward.
Page last modified: 5th Mar 2007 - 16:51:46