UK MCA informs of wreck and salvage law

TINNews

The UK Maritime and Coastguard Agency (MCA) issued an updated notice, advising on the roles and responsibilities of the Receiver of Wreck and the law relating to wreck and salvage, as well as on the responsibilities and rights of wreck owners and salvors, and how to report wreck material.

According to MCA, in the UK, the Receiver of Wreck is responsible for processing incoming reports of wreck and ensures that the interests of both salvor and owner are taken into consideration by:

researching and establishing who owns the wreck
liaising with the finder and owner, and other interested parties such as archaeologists and museums

He also aims to give owners the opportunity of having their property returned and to make sure a fair salvage award payment is made where necessary. The Receiver will also recover any costs paid from the public purse during this process.

Further, MCA informs that, if someone own a wreck, they must prove ownership to the satisfaction of the Receiver where wreck material has been recovered and reported and provide proof of ownership within one year of the material being reported. They will be entitled to have property back as soon as they pay any due expenses and an appropriate salvage award.

Offences and penalties

Under the Merchant Shipping Act 1995, there are offences for illegal activity which carry penalties, for example:

S.236 – failing to declare a wreck find without a reasonable excuse carries a £2,500 fine on summary conviction, plus loss of salvage rights, and payment of twice the value of the find to the person entitled to the wreck
S.237 – concealing or keeping possession of wreck or cargo and refusing to surrender it carries a £2,500 fine on summary conviction
S.245 – taking undeclared wreck from UK waters into a foreign port and selling it carries a maximum of five years’ imprisonment on indictment
S.246 (1) – boarding a vessel in distress without permission of master carries a £1,000 fine on summary conviction
S.246 (3) – impeding or hindering attempts to save a vessel, concealing any wreck, defacing or obliterating any mark, and wrongfully carrying away or removing any wreck carries a £2,500 fine on summary conviction

The process of reporting wreck

Under the Merchant Shipping Act 1995, you must report to the Receiver of Wreck all wreck material (regardless of size or significance) recovered from within UK territorial waters – up to the 12 nautical mile limit – or recovered outside the UK and brought within UK territorial waters. Reporting wreck is a simple process. You just need to complete a Report of wreck and salvage form and send it to the Receiver of Wreck.
When you report a find – whether modern or historic material – to the Receiver, you may be entitled to a salvage award.
When you report wreck material to the Receiver, wreck owners are given the opportunity to be reunited with their property, and the salvor may receive a salvage award.
If you find wreck, you should assume that it has an owner, for example an individual, a company or insurance company, a dive club or the MOD or the Department for Transport (DfT)
When material of historical or archaeological importance is reported, the Receiver may seek further advice from experts in a related field. Then the Receiver will try to ensure that it is offered to an appropriate museum. If you find historic wreck material, your views will be taken into consideration when placing the material in a museum and you may still be entitled to a salvage award.