 |
National 061/01
23 January 2000
WRECK AMNESTY TO BEGIN IN JANUARY 2001
The Minister of Shipping, Keith Hill today offered a Wreck Amnesty to
finders, which will provide immunity from prosecution under section 236 of the
Merchant Shipping Act 1995.
It is intended that the Amnesty will run for three months from January 2001 -
April 2001. The Amnesty will offer immunity from prosecution only under this
section of the Act for offences committed before the start of the amnesty. This
will apply only to the section of the Act that deals with items of wreck found,
or brought within, United Kingdom territorial waters.
Keith Hill, Minister for shipping commented, "This is the first Wreck
Amnesty both for the UK, and as far we as are aware, internationally.
"The Amnesty will be offered through the Maritime and Coastguard Agency,
which is leading the way in making finders aware of the law. We are hoping to
encourage finders and others who were previously ignorant of the law to come
forward and report past finds. We are also hoping for a good response from
divers, salvors, museums, antique dealers, fishermen and others who may possess
unreported wreck material.
Veronica Robbins, Receiver of Wreck added, "The Amnesty will end on 24th
April 2001. Any wreck recovered before today, which has not been reported by
then will not fall within the Amnesty and prosecutions for failure to report
such wreck may be brought. In respect of wreck found after today, finders are
reminded that in order to comply with section 236 of the Merchant Shipping Act
1995 they are required to report all wreck finds within a reasonable time to the
Receiver of Wreck.
"As a result of the Amnesty other offences may come to light and there is
no intention to offer other amnesties in respect of these offences. However,
during the Amnesty, such offences may be looked at in a favourable light, if
there are no aggravating circumstances."
The Merchant Shipping Act, Section 236 says that:
(1) If any person finds or takes possession of any wreck in United Kingdom
waters or finds or takes possession of any wreck outside United Kingdom waters
and brings it within those waters he shall -
(a) if he is the owner of it, give notice to the Receiver stating that he has
found or taken possession of it and describing the marks by which it may be
recognised;
(b) if he is not the owner of it, give notice to the Receiver that he has found
or taken possession of it and, as directed by the Receiver, either hold it to
the Receiver's order or deliver it to the Receiver.
(2) If any person fails without reasonable excuse, to comply with subsection (1)
above he shall be liable, on summary conviction to a fine not exceeding level 4
on the standard scale and if he is not the owner of the wreck he shall also -
(a) forfeit any claim to salvage; and
(b) be liable to pay twice the value of the wreck -
(i) if it is claimed, to the owner of it; or
(ii) if it is unclaimed, to the person entitled to the wreck.
(3) Any sum payable under subsection (2)(b) above to the owner of the wreck or
to the persons entitled to the wreck may, in England and Wales and Northern
Ireland; he recovered summarily as a civil debt.
(4) In Scotland any sum payable under subsection (2) (b) above to the owner of
the wreck or to the persons entitled to the wreck shall, for the purposes of the
sum's recovery, be regarded as a debt due to the owner or, as the case may be,
to those persons.
No material is required to be physically handed in. Those wishing to participate
in the Wreck Amnesty should complete a Report of Wreck form and submit it to the
Receiver of Wreck.
Report forms are available direct from the Receiver of Wreck, from the Receiver
of Wreck page on the MCA website and from local Coastguard stations as well as
diving organisations' websites.
|
 |