RECEIVER OF WRECK ENFORCEMENT STATEMENT
Receiver
of Wreck Commitment
"The Receiver of Wreck will
use best endeavours to ensure the fair treatment
of both legal salvors and legal owners.
However, the Receiver of Wreck
expects all sea- and coast-users to abide by the law
when recovering wreck.
Where illegal activity is suspected and verified,
the
Receiver will not hesitate to take action to enforce the law."
Summary
of Offences under the Merchant Shipping Act 1995 (Part IX, Chapters 1-2)
s.236
- Failing to declare a wreck find without a reasonable excuse
s.237 - Concealing or keeping
possession of wreck or cargo and refusing to surrender it
s.245 - Taking undeclared
wreck from UK waters into a foreign port and selling it.
s.246 - (1) Boarding a vessel
in distress without permission of master and (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
Penalties
s.236
- £2,500 fine on summary conviction, plus loss of salvage rights, and payment of twice value of find
to the person entitled to the wreck.
s.237 - £2,500 fine on summary conviction
s.245
- a maximum of 5 years imprisonment on indictment
s.246(1) - £1,000 fine on summary conviction,
(3) - £2,500 fine on summary conviction
Time
Limit
When dealing with declarations made under
the
provision of section 236 of the Act the Receiver of Wreck considers that 28 days is a reasonable time
for finders to complete and submit a 'Report of Wreck and Salvage form'. Finders requiring longer may
apply to the Receiver in writing giving details of their reasons. However, if a find is not registered
within 28 days, or the request for an extension is considered to be unreasonable, the Receiver may,
without further notification, commence proceedings under section 236(2).
Legislative
Change
The Government is committed to ensuring
that
wreck law is kept under review, and the Receiver is in the process of examining current legislation
to see if there is a need for change.
Monitoring
The
Receiver plans to monitor diving activities in conjunction with Ministry of Defence Police, Coastguard
and Diving Organisations and will continue to educate all sea-users through leaflets, presentations
and visits.
Enforcement
The
Receiver will investigate any report of possible offences regarding the treatment of wreck. If the investigation
reveals sufficient evidence, the Receiver may prosecute those suspected of having committed an offence.
The Receiver shares information with other prosecuting authorities, for instance when offences come
to light in relation to the Theft Act 1968 or the Firearms Act 1968.
This document is intended as a summary and should not be considered definitive