Projects that are expecting finds from a marine and / or tidal water context (up to Mean High Water Springs) need to abide by the relevant legislative frameworks. Any selection / retention / disposal of recovered or excavated material from the sea or tidal waters should be in line with the legislative requirements of the Ancient Monuments and Archaeological Areas Act 1979, Protection of Wrecks Act 1973, Merchant Shipping Act 1995 and Protection of Military Remains Act 1986. The Receiver of Wreck (RoW), the Joint Casualty and Compassionate Centre (JCCC; a department of the Ministry of Defence) and other stakeholders including the Archaeological Curator(s) must be consulted in any decisions related to the recovery of finds.
There is a legal obligation under the Merchant Shipping Act 1995 that any person finding or taking possession of ‘wreck’ must report it to the RoW within 28 days of recovery (see GOV.UK: Report wreck material). ‘Wreck’ as defined by the Act (section 255) is ‘jetsam, flotsam, lagan and derelict found in or on the shores of the sea or any tidal water’ that have come from a ship, aircraft or hovercraft (vessel) and includes any part of a vessel, it’s cargo and equipment. The RoW’s remit does not extend to lakes or rivers beyond tidal reach. ‘Finding or taking possession’ of wreck usually commences once an item has been moved from its original position on the wreck site. Removing an item from a wreck (salvage) requires the find to be taken to a place of safety and so it is important to consider that returning it to the seabed may be seen as salvor misconduct under the principles of the International Convention on Salvage 1989. The RoW is responsible for establishing who owns the material and ensuring that the legal owner has the opportunity to have their property returned to them as well as liaising with the finder and owner, and other interested parties such as archaeologists and museums (see GOV.UK: Wreck and Salvage Law). Upon reporting the material to the RoW it must be retained by the finder and held on indemnity to the RoW’s orders which usually require the finds to be kept securely, ensuring that the material is not altered or allowed to deteriorate, allowing the RoW access to the material and advising them if it is moved from the listed address and not removing the items from the UK. Those removing wreck material should expect to be responsible for the material for at least one year (the period of time stated in the legislation during which an owner can claim their property). Beyond the 12 nautical mile limit the Merchant Shipping Act 1995 covers wreck found or taken into possession outside UK waters and stipulates that, if brought into UK waters, finds must be reported to the RoW. The finds should then remain within the UK until RoW has concluded the case.
The Protection of Military Remains Act 1986 automatically protects all aircraft (including hovercraft, gliders or balloons) that have crashed during military service. A licence is required from the JCCC to undertake prohibited works/operations on aircraft sites (see GOV.UK: Joint Casualty and Compassionate Centre (JCCC)) and any material recovered within the jurisdiction of the Merchant Shipping Act 1995, needs to be reported to the RoW within 28 days of recovery and the JCCC.
Maritime vessels lost during military service are not automatically protected by the Protection of Military Remains Act 1986 although the JCCC has powers to protect any vessel that was in military service when lost. For those vessels that have been afforded protection under the act, a licence would be required to undertake any form of intrusive investigation of the site, including entry into the wreck or recording details of controlled sites. Any wreck material recovered must be reported to the RoW within 28 days of recovery and to the JCCC. The provisions of the Protection of Military Remains Act 1986 regarding controlled sites are applicable in international waters (beyond 12 nautical miles of the UK coastline), though they are only enforceable with respect to British-controlled ships, British citizens and British companies.
Wrecks that are owned by foreign states or that were operated for non-commercial state purposes are classed as Sovereign Immune and no salvage operation or recovery of material is permitted without prior consent from the Flag State. UK State owned or operated vessels are only entitled to Sovereign Immunity outside of UK territorial waters (12 nautical miles).
As material recovered from the sea and / or tidal waters needs to be retained on indemnity to the RoW, the Selection Strategy can start taking shape once droits issued by the RoW for the find(s) are formally closed by the RoW. Once a droit is closed, deposition of any finds with an accepting institution should only be carried out with the agreement of the owner of the material (as confirmed by the RoW). Furthermore, only first-aid conservation should be carried out on any ‘wreck’ material whilst the droit remains open. If active conservation is required during this time, the RoW should be consulted and may request that a method statement detailing the conservation plan is prepared by an accredited conservator.
Prehistoric occupation material derived from marine contexts is not covered by the RoW’s remit unless if forms part of a wreck assemblage and therefore it is not a legal requirement to report this type of material.
The recovery and curation of any discovered human remains are governed by a Ministry of Justice Licence; therefore, the selection process is to follow the relevant guidance provided by Historic England Human Remains Advice page.
Further Guidance/Material
- Historic England (2015) Accessing England’s Protected Wreck Sites: Guidance notes for divers and archaeologists.
- Institute of Field Archaeologists, Maritime Affairs Group. Slipping Through the Net? Maritime Archaeological Archives in Policy and Practice. Discussion Document. PDF download
