Other legislation

The Protection of Wrecks Act 1973:

The Protection of Wrecks Act, administered by the Department of Culture, Media and Sport and the Maritime and Coastguard Agency, is designed to protect wrecks, which are of historic, archaeological or artistic importance, or are considered to be potentially dangerous because of their contents.

When a wreck is designated as historic, there is a protected area around the site within which diving is prohibited unless an appropriate licence has been issued. There is also a strict no-entry policy into the prohibited area around wrecks considered dangerous, in the interest of safety.

Wrecks designated as historic do not need to be recorded using the MAS, as these vessels are already known.

The Protection of Military Remains Act 1986:

The Protection of Military Remains Act, administered by the Ministry of Defence, deals with wrecks of both aircraft and ships, irrespective of loss of life or whether the loss occurred during peacetime or wartime. Under this Act, all military aircraft is automatically protected.

Vessels, on the other hand, may be designated as either a controlled site or a protected place. Divers are prohibited from visiting a controlled site, however may visit a protected place on a ‘look but don’t touch’ basis.

The discovery of military finds which fall under the Protection of Military Remains Act 1986 are encouraged to be recorded using the MAS, however under no circumstances should any part of these finds be disturbed or removed from the seabed.

The Ancient Monuments & Archaeological Areas Act 1979:

While the Ancient Monuments & Archaeological Areas Act relates primarily to land-based sites and structures, it has been used in recent years to provide some level of protection for underwater sites. Diving on a wreck that has been scheduled as a maritime monument is permitted on a ‘look but don’t touch’ basis.

Wrecks which are scheduled as maritime monuments do not need to be recorded using the MAS, as these vessels are already known.

The Marine and Coastal Access Act 2009:

The Marine and Coastal Access Act, administered by the Marine Management Organisation, aims to help protect the marine environment, including archaeological and historical sites located in the marine zone. It is a requirement under the Act to obtain a permit to raise finds if using a vehicle, vessel, aircraft, marine structure or floating container to remove any object from the seabed within the UK marine licencing area.

A marine licence is not required where archaeological material is recovered by hand, however a licence is required for objects that are recovered using a rope, chain etc. powered by a vessel’s winch or crane, or a lifting bag. It is important to bear in mind that removing archaeological material without a Marine Licence is a breach of the Act and could result in an offence with a potential fine and/or imprisonment.