Wikipedia

Protection of Wrecks Act 1973

TheProtection of Wrecks Act 1973(c. 33) is anactof theParliament of the United Kingdomwhich provides protection for designatedshipwrecks.

Protection of Wrecks Act 1973
Act of Parliament
Parliament of the United Kingdom
Long titleAn Act to secure the protection of wrecks in territorial waters and the sites of such wrecks, from interference by unauthorised persons; and for connected purposes.
Citation1973c. 33
Introduced byIain Sproat
Territorial extentUnited Kingdom
Dates
Royal assent10 July 1973
Commencement10 July 1973
Other legislation
Amended byMarine (Scotland) Act 2010
Status: Current legislation
Text of statute as originally enacted
Text of the Protection of Wrecks Act 1973as in force today (including any amendments) within the United Kingdom, fromlegislation.gov.uk.

Section 1 of the act provides for wrecks to be designated because of historical, archaeological or artistic value. Section 2 provides for designation of dangerous sites. Wreck sites must have a known location in order to be designated. Designated wrecks are marked onadmiralty chartsand their physical location is sometimes marked by means of a buoy (sea mark). Information boards are often provided at nearby launch points on land.

Wrecks designated by virtue of historical, archaeological or artistic value

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For a complete list, seeList of designations under the Protection of Wrecks Act.

It is a criminal offence to interfere with a wreck designated under section 1 of the act without a licence. Navigation, angling and bathing are permitted provided this will not interfere with the wreck. A licence is required to dive at the wreck site. Separate licences are required for any disturbance, such as recovery ofartifactsor underwaterexcavation.Licences to survey, visit etc. can be obtained by applying online toHistoric England,[1]toCadw,[2]and formerly byHistoric Scotland.[3]

Anchoring on the wreck site is also not permitted except in accordance with licensed activities. The area designated may extend beyond the visible remains.

Designation and licensing under section 1 of the act is managed byHistoric England,Cadwand formerly byHistoric Scotland.

The first wreck to be designated was theCattewater WreckatPlymouth,in 1973. As of July 2007 there were 60 wreck sites under current protection under section 1 of the act. Two sites that had at some point been designated have subsequently been revoked.

Identifying protected wreck sites

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All protected wrecks are listed in the annual Admiralty Notices to Mariners[4]and are marked onUnited Kingdom Hydrographic Officecharts. Astatutory instrumentshows the location of the site and also the extent of the restricted protected area. This is often done using a buoy, (usually yellow and inscribed 'Protected Wreck') although sites that are close to the shore may have notices on land which not only serve to warn, but often also describe why the wreck is important (e.g. on the National Trust path at the Salcombe Moor Sand / Salcombe Cannon site).

Despite this, criminal damage to protected wrecks is reported frequently. Artefacts from the site of the British warshipHMSCoronation,off Penlee Point, were allegedly stolen in 2011,[5]and arrests were made in April 2011 over thefts from the warshipHMSLondon.[6]

Wrecks designated as dangerous

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As of July 2008, only two wrecks are designated as dangerous under section 2 of the act. These are theSSRichard Montgomery(designated in 1973), and theSSCastilian(designated in 1997), in both cases due to containing large amounts of explosives. TheMVBraerwas also protected from 1993, until the order was revoked in 1994. Designation provides for an exclusion zone for all activities around the wreck. Diving is strictly prohibited on these dangerous wrecks. Designation and control under section 2 of the act is managed by theMaritime and Coastguard Agency.

Wrecks protected by other means

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A number of wreck sites have been protected under theAncient Monuments and Archaeological Areas Act 1979as maritimescheduled monuments.These are:

All wrecked aircraft and a number of designated military shipwrecks are protected as military maritime graves, i.e. war graves under theProtection of Military Remains Act 1986.This is administered by the UKMinistry of Defence.[7] Maritime sites other than wrecks, such as fish traps, may also be protected by scheduling.

Lists of wrecks

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As of 2011, there were 61 historic protected wreck sites designated in the UK, although this is only a tiny fragment of the wrecks that are known to exist. There are 46 in English and Welsh waters[8]and there were fifteen in Scottish waters – eight of these were designated under the 1973 Act, whilst the remains of the GermanHigh Seas Fleetare protected under theAncient Monuments and Archaeological Areas Act 1979.[9]All Scottish designations under the 1973 Act were subsequently revoked in 2013 (seedevolution).

There is a searchable list of all protected wreck sites in England available online using theNational Heritage List for England.[10]Cadwhas a list on its website of the sites in Wales.

Falkland Islands protected wrecks

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On 7 July 1977 the legislature of the overseas territory of theFalkland Islandspassed an ordinance similar to the UK Protection of Wrecks Act, allowing for the protection of wrecks in colonial waters that are either of historical, archaeological or artistic importance (section 3), or are dangerous (section 4). On 20 October 1983, an order was passed under the ordinance, designating the areas around the wrecks ofHMSArdentandHMSAntelope,lying in Falkland Sound and San Carlos Water, respectively as prohibited places under section 4. On 3 November 2006, an order came into force to designate the area around the wreck ofHMSCoventryas a restricted area. These three ships had been sunk during theFalklands War.

Devolution

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The Secretary of State's functions under section 1 of the act, regarding the administration of 'wrecks designated by virtue of historical, archaeological or artistic value' were transferred to theScottish[11]andWelsh[12]governments as a result ofdevolution in the United Kingdom.

Section 1 no longer applies in Scotland; it was repealed by theMarine (Scotland) Act 2010,[13]and its provisions replaced by a system of 'historic marine protected areas'.[14]Additionally, an order made in 2013 under the 2010 Act revoked all the original section 1 designation orders that applied to wrecks situated in Scotland.[15]

The administration of 'wrecks designated as dangerous' under section 2 was not devolved and remains a reserved matter as regards Scotland and Wales.[16][17]

See also

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References

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  1. ^"Protected Wreck sites".Retrieved31 May2011.
  2. ^"Maritime wrecks".Archived fromthe originalon 12 June 2007.Retrieved31 May2011.
  3. ^"Licensing under Protection of Wrecks Act 1973".historic-scotland.gov.uk.Archived fromthe originalon 5 June 2013.Retrieved31 May2011.Once the system of Historic MPAs has replaced designation under the Protection of Wrecks Act 1973, wrecks licenses will no longer be required.
  4. ^"Annual Notices to Mariners".Retrieved31 May2011.
  5. ^"Warning to divers over protected wreck sites".Archived fromthe originalon 12 September 2012.Retrieved31 May2011.
  6. ^"Arrests over historic wreck theft in Thames Estuary".BBC News.6 April 2011.Retrieved31 May2011.
  7. ^"Friends of war memorials - maritime".Retrieved31 May2011.
  8. ^"Protected wreck sites FAQS".Retrieved31 May2011.
  9. ^"Scotland's Historic Wrecks".Retrieved31 May2011.
  10. ^"Search the List - Find listed buildings, monuments, battlefields and more | Historic England".historicengland.org.uk.Retrieved13 December2021.
  11. ^"The Protection of Wrecks (Designation) (England) Order 2004",legislation.gov.uk,The National Archives,12 September 2004, SI 2004/2395,retrieved28 April2024,The functions of the Secretary of State [under section 1] were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998...
  12. ^"The National Assembly for Wales (Transfer of Functions) Order 1999: Schedule 1",legislation.gov.uk,The National Archives,10 March 1999, SI 1999/672 (sch. 1),retrieved28 April2024,Protection of Wrecks Act 1973 (c.33) except section 2.
  13. ^Scottish Parliament.Marine (Scotland) Act 2010as amended (see alsoenacted form), fromlegislation.gov.uk.
  14. ^"Licensing under Protection of Wrecks Act 1973".historic-scotland.gov.uk.Archived fromthe originalon 5 June 2013.Retrieved31 May2011.Once the system of Historic MPAs has replaced designation under the Protection of Wrecks Act 1973, wrecks licenses will no longer be required.
  15. ^Scottish Parliament.The Marine (Scotland) Act 2010 (Commencement No. 3 and Consequential Provisions) Order 2013as made, fromlegislation.gov.uk.
  16. ^"Scotland Act 1998 – Schedule 5 (Reserved matters) – Head E (Transport) – E3. Marine Transport".legislation.gov.uk.The National Archives.19 November 1998.Retrieved28 April2024.The subject-matter of—... (d) section 2 of the Protection of Wrecks Act 1973 (prohibition on approaching dangerous wrecks)
  17. ^"The National Assembly for Wales (Transfer of Functions) Order 1999: Schedule 1",legislation.gov.uk,The National Archives,10 March 1999, SI 1999/672 (sch. 1),retrieved28 April2024,Protection of Wrecks Act 1973 (c.33) except section 2.
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