Protection of Wrecks Act 1973

The Protection of Wrecks Act 1973 (1973 c.33) is an Act of Parliament in the United Kingdom which provides protection for designated wrecks. 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 on admiralty charts and 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

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 the wreck site. Separate licences are required for any disturbance, such as recovery of artifacts or Underwater excavation. 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 by English Heritage, Cadw and Historic Scotland.

The first wreck to be designated was the Cattewater Wreck at Plymouth, 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 Two sites that had at some point been designated have subsequently been revoked.

:"For a complete list see List of designations under the Protection of Wrecks Act".

Wrecks designated as dangerous

As of July 2008, only two wrecks are designated as dangerous under section 2 of the act. These are the SS "Richard Montgomery" (designated in 1973), and the SS "Castilian" (designated in 1997). The MV "Braer" was also protected from 1993, until the order was revoked in 1994.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 the Maritime and Coastguard Agency.

Wrecks protected by other means

A number of wreck sites have been protected under the Ancient Monuments and Archaeological Areas Act 1979 as maritime scheduled ancient monuments. These are:

* The remains of the scuttled German High Seas Fleet in Scapa Flow
* The remains of eight historic fishing vessels in Aberlady Bay
* The "Louisa", at Grangetown, Cardiff

All wrecked aircraft and a number of designated military shipwrecks are protected under the Protection of Military Remains Act 1986.

Maritime sites other than wrecks, such as fish traps, may also be protected by scheduling.

Falkland Islands protected wrecks

On 7 July 1977 the legislature of the colony of the Falklands Islands passed an ordnance 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 ordnance, designating the areas around the wrecks of HMS "Ardent" and HMS "Antelope", lying in Falkland Sound and San Carlos Water, respectively as prohibited places under section 4. On the 3 November 2006, an order came into force to designate the area around the wreck of HMS "Coventry" as a restricted area. These three ships had been sunk during the Falklands War.

ee also

* Maritime archaeology
* Archaeology of shipwrecks
* Wreck diving
* List of shipwrecks of the UK
* Protection of Military Remains Act 1986
* List of designations under the Protection of Wrecks Act

References

* [http://www.mcga.gov.uk/c4mca/mcga-environmental/mcga-dops_row_receiver_of_wreck/mcga-dops-row-protected-wrecks.htm Maritime and Coastguard website] information on protected wrecks
* [http://www.english-heritage.org.uk/server/show/nav.1278 English Heritage Protected Wrecks website] information about the protection of wrecks and application for licences in England
* [http://www.english-heritage.org.uk/server/show/nav.8382 English Heritage Maritime Archaeology Publications] for ACHWS annual reports, guidance on historic wrecks and other relevant material
* [http://www.cadw.wales.gov.uk/default.asp?id=111 Cadw website] information about the protection of wrecks and other maritime sites in Wales
* Martin, Colin (2004), "Close Encounters of a Licensed Kind", in "The Advisory Committee for Historic Wreck Sites Annual Report for 2004" [http://www.english-heritage.org.uk/upload/pdf/ACHWS_Annual_report_2004.pdf] , pp16-19. This article provides a description of the working of the Act.
* Fenwick, Valerie and Gale, Alison (1998), "Historic Shipwrecks, Discovered, Protected and Investigated", Tempus Publishing Limited, ISBN 0-7524-1473-9. This book describes the 47 wrecks designated in the first 25 years of the Act.
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* Protection of Wrecks Ordnance 1977 (No. 12) 7 July 1977 (Falkland Islands)
* Protection of Wrecks (Ardent and Antelope Designation) Order 1983 (No. 2) 20 October 1983 (Falkland Islands)
* Protection of Wrecks (Designation) Order 2006 (no. 24) 23 October 2006 (Falkland Islands)