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The Receiver of Wreck is an official who administers law dealing with maritime wrecks and salvage in some countries having a British administrative heritage. In the United Kingdom, the Receiver of Wreck is also appointed to retain the possession of royal fish on behalf of the British crown.
In the United Kingdom, the Receiver of Wreck, a post defined under the Merchant Shipping Act 1995, is an official of the British Government whose main task is to administer the law in relation to Wreck and Salvage. [1] Operating on behalf of the Department for Transport, the Receiver of Wreck is located within the Maritime and Coastguard Agency. Until 1993, the role was carried out by numerous coastal customs officials. Nowadays, the Receiver is based in Southampton, and is helped by local outposts of His Majesty's Coastguard.
The UK post holder as of Nov 2023 is Stephen White.
Elsewhere in the British Isles, each of the Channel Islands, and the Isle of Man have their own laws of wreck and salvage and their own Receiver of Wreck.
In Ireland a Receiver of Wreck is a Revenue Official appointed by the Minister for Transport, Tourism and Sport with the consent of the Revenue Commissioners whose duty is to deal with any wreck found in or on the shores of the sea or any tidal water or harbour.
Canada has a Receiver of Wreck, authorized by Part VI of the Canada Shipping Act. The Navigation Protection Program of Transport Canada is responsible for administering this program.
Traditionally, salvage was an important economic source in coastal areas and sometimes exposed the savage and merciless nature of those around the coast. Folklore has it that some coastal dwellers enticed ships to a watery grave by luring them onto the rocks. This was known as Wrecking. So that order could be maintained and local people encouraged to save those in peril and their belongings rather than pillage them, Receivers of Wreck were appointed to keep order and reward those who assisted in a wreck event. Historically, Receivers were given powers which allowed them to "hurt, maim or kill" anyone obstructing them in their duties. Theoretically at least, Receivers of Wreck were permitted to carry weapons with which to defend themselves whilst carrying out their duties up until 1997.
The Act of 1995 updates the prior Merchant Shipping Act 1894. The Receiver is an official under Admiralty Jurisdiction.
The main task of the Receiver of Wreck is to process reports of wreck, in the interest of both finder and owner. This involves researching ownership and working with the finder, owner, archaeologists, museums, and other interested parties. The process of reporting wreck provides legal owners the opportunity to be reunited with their property and to ensure that law-abiding finders of wreck receive appropriate recognition in the form of a salvage award. [2]
The Maritime and Coastguard Agency administers Section 2 of the Protection of Wrecks Act 1973, which protects wrecks that are deemed dangerous by virtue of their contents. There is a strict no entry policy. This is in the interest of safety of both divers and members of the public. Two wrecks are protected under Section 2 of the Act: the SS Richard Montgomery and the SS Castilian, which are both from the Second World War and contain dangerous quantities of explosives. [3]
The Receiver of Wreck also undertakes the task of disposing of "royal fish" in England, Wales and Northern Ireland. "Royal fish" are dead whales, dolphins, porpoises and sturgeon. This is an ancient right dating back to Edward II's reign [4] which falls under the royal prerogative.
The Receiver of Wreck's remit is set down in the Merchant Shipping Act 1995, Part IX, Chapters 1-2. It covers wreck from UK territorial waters (within 12 nautical miles), and wreck landed in the UK from outside UK territorial waters. Wreck material includes any part of a vessel, aircraft or hovercraft including any of its cargo or equipment. [5]
According to section 255 of the Merchant Shipping Act 1995, wreck includes "jetsam, flotsam, lagan or derelict". The Act does not define these terms, but they may be understood as follows: [6]
Boats that have come off their moorings are not normally classified as wreck as they have not been abandoned without hope of recovery. Also, buoys including marker buoys, mooring buoys etc., other than those that are fishing equipment, are not normally classed as wreck.
It is a legal requirement under the Merchant Shipping Act 1995 that all recovered wreck material landed in the United Kingdom must be reported to the Receiver of Wreck, whether recovered from within or outside UK waters and even if the finder is the owner. All wreck material recovered must be reported, however small or insignificant it may seem.
The Receiver of Wreck will investigate ownership of the recovered items. The owner has one year, after the material has been reported, in which to come forward and prove title to the property. During this period it is common for the finder to hold the wreck on behalf of the Receiver of Wreck while investigations are carried out. Finders should assume that all wreck items have an owner. It is possible for wreck material to be owned by an individual, a company, a dive club, an insurance company, the Ministry of Defence or the Department for Transport.
Wreck from UK waters which is still unclaimed at the end of one year becomes the property of the Crown (or grantee of the Crown such as the Duchy of Cornwall). Any person who believes that they are entitled to unclaimed wreck must provide evidence of entitlement to the satisfaction of the Receiver. If wreck from UK territorial waters is unclaimed at the end of one year, the Receiver will dispose of the find on behalf of the Crown. If wreck from outside UK territorial waters is unclaimed at the end of one year, the Crown makes no claim, and the material is returned to the finder. Often the finder is allowed to keep items of unclaimed wreck in lieu of a salvage award.
Wreck and Salvage in the UK is covered by three main Acts. These are the Merchant Shipping Act 1995, the Protection of Wrecks Act 1973 and the Protection of Military Remains Act 1986. In simple terms, the Protection of Wrecks Act 1973 and the Protection of Military Remains Act 1986 detail what salvors cannot do, and the Merchant Shipping Act 1995 covers what salvors can or must do. [8]
For a complete list of wrecks protected under the Protection of Wrecks Act 1973, see List of designations under the Protection of Wrecks Act.
Wreck can be reported to the Receiver by completing a Report of Wreck and Salvage Form, known as a Droit.
There are several penalties associated with wreck and salvage outlined in the Merchant Shipping Act 1995 and the Receiver has a duty to 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. To enable the Receiver of Wreck to enforce the law the Receiver is awarded several powers by the Secretary of State.
Admiralty law or maritime law is a body of law that governs nautical issues and private maritime disputes. Admiralty law consists of both domestic law on maritime activities, and private international law governing the relationships between private parties operating or using ocean-going ships. While each legal jurisdiction usually has its own legislation governing maritime matters, the international nature of the topic and the need for uniformity has, since 1900, led to considerable international maritime law developments, including numerous multilateral treaties.
A coast guard or coastguard is a maritime security organization of a particular country. The term embraces wide range of responsibilities in different countries, from being a heavily armed military force with customs and security duties to being a volunteer organization tasked with search and rescue without law enforcement authority. In most countries, a typical coast guard's functions are distinct from those of the navy and the transit police, while in certain countries they have similarities to both.
A shipwreck is the wreckage of a ship that is located either beached on land or sunken to the bottom of a body of water. Shipwrecking may be intentional or unintentional. There were approximately three million shipwrecks worldwide as of January 1999, according to Angela Croome, a science writer and author who specialized in the history of underwater archaeology.
The SS Richard Montgomery is a wrecked American Liberty cargo ship that was built during World War II. She was named after Richard Montgomery, an Irish officer who fought in the American Revolutionary War.
Wreck diving is recreational diving where the wreckage of ships, aircraft and other artificial structures are explored. The term is used mainly by recreational and technical divers. Professional divers, when diving on a shipwreck, generally refer to the specific task, such as salvage work, accident investigation or archaeological survey. Although most wreck dive sites are at shipwrecks, there is an increasing trend to scuttle retired ships to create artificial reef sites. Diving to crashed aircraft can also be considered wreck diving. The recreation of wreck diving makes no distinction as to how the vessel ended up on the bottom.
His Majesty's Coastguard (HMCG) is the section of the Maritime and Coastguard Agency responsible, through the Secretary of State for Transport to Parliament, for the initiation and co-ordination of all maritime search and rescue (SAR) within the UK Maritime Search and Rescue Region. This includes the mobilisation, organisation and tasking of adequate resources to respond to persons either in distress at sea, or to persons at risk of injury or death on the cliffs or shoreline of the United Kingdom. Since 2015 it has also been responsible for land-based search and rescue helicopter operations.
The International Regulations for Preventing Collisions at Sea 1972 (COLREGs) are published by the International Maritime Organization (IMO) and set out, among other things, the "rules of the road" or navigation rules to be followed by ships and other vessels at sea to prevent collisions between two or more vessels. COLREGs can also refer to the specific political line that divides inland waterways, which are subject to their own navigation rules, and coastal waterways which are subject to international navigation rules. The COLREGs are derived from a multilateral treaty called the Convention on the International Regulations for Preventing Collisions at Sea.
In maritime law, flotsam,jetsam,lagan, and derelict are specific kinds of shipwreck. The words have specific nautical meanings, with legal consequences in the law of admiralty and marine salvage. A shipwreck is defined as the remains of a ship that has been wrecked, whether it has sunk or is floating on the surface of the water.
The Merchant Marine Act of 1920 is a United States federal statute that provides for the promotion and maintenance of the American merchant marine. Among other purposes, the law regulates maritime commerce in U.S. waters and between U.S. ports. Section 27 of the Merchant Marine Act is known as the Jones Act and deals with cabotage. It requires that all goods transported by water between U.S. ports be carried on ships that have been constructed in the United States and that fly the U.S. flag, are owned by U.S. citizens, and are crewed by U.S. citizens and U.S. permanent residents. The act was introduced by Senator Wesley Jones. The law also defines certain seaman's rights.
Lost, mislaid, and abandoned property are categories of the common law of property which deals with personal property or chattel which has left the possession of its rightful owner without having directly entered the possession of another person. Property can be considered lost, mislaid, or abandoned depending on the circumstances under which it is found by the next party who obtains its possession.
The Maritime and Coastguard Agency (MCA) is an executive agency of the United Kingdom that is responsible for implementing British and international maritime law and safety policy. It works to prevent the loss of lives at sea and to prevent marine pollution. It is a subsidiary executive agency of the UK Department for Transport and responsible through the Secretary of State for Transport to Parliament. It is also responsible for land based search and rescue helicopter operations since 2015. Its motto is "Safer Lives, Safer Ships, Cleaner Seas". The organisation is currently led by Virginia McVea.
The Protection of Wrecks Act 1973 is an act of the Parliament of the United Kingdom which provides protection for designated shipwrecks.
The Protection of Military Remains Act 1986 is an Act of Parliament in the United Kingdom that provides protection for the wreckage of military aircraft and designated military vessels. The Act provides for two types of protection: protected places and controlled sites. Military aircraft are automatically protected, but vessels have to be specifically designated. The primary reason for designation is to protect as a 'war grave' the last resting place of British servicemen ; however, the Act does not require the loss of the vessel to have occurred during war.
Hanover was a two-masted brigantine packet ship owned and operated by the Falmouth Post Office Packet Service, which operated between 1688 and 1852.
The Marine Accident Investigation Branch (MAIB) is a UK government organisation, authorised to investigate all maritime accidents in UK waters and accidents involving UK registered ships worldwide. Investigations are limited to establishing cause, promoting awareness of risks and preventing recurrence. It may also participate in other maritime investigations where British citizens are involved or where the UK has a substantial interest.
MSC Napoli was a United Kingdom-flagged container ship that developed a hull breach due to rough seas and slamming in the English Channel on 18 January 2007. She was deliberately run aground at Lyme Bay to avoid an environmental disaster and broken up by salvors.
The Merchant Shipping Act 1995 is an act of Parliament passed in the United Kingdom in 1995. It consolidated much of the UK's maritime legislation, repealing several Acts in their entirety and provisions in many more, some dating back to the mid-nineteenth century. It appoints several officers of Admiralty Jurisdiction such as the Receiver of Wreck. The Act of 1995 updates the prior Merchant Shipping Act 1894. The lead part on British ships was impacted by the outcome of the Factortame case, as the Merchant Shipping Act 1988 was impugned by the Common Fisheries Policy.
The inter regalia are the rights falling to the Crown in Scots Property law. The term derives from Latin inter (among) and regalia.
The Mary Rose Trust is a limited charitable trust based in Portsmouth in the United Kingdom. Its primary aims are to preserve, display and spread knowledge about the 16th century warship Mary Rose which sank in the Solent on 19 July 1545 and was salvaged by the Trust in October 1982.
The Agreement Concerning the Shipwrecked Vessel RMS Titanic is a treaty open to all states regarding the protection of the shipwreck of the RMS Titanic. Following the passage of the RMS Titanic Maritime Memorial Act in 1986, the United States began negotiations in 1997 with the United Kingdom, France, and Canada toward an agreement to protect the wreck. The agreement was signed by the UK in 2003 and by the US in 2004. It was not until 2019 that the US ratified the agreement, bringing it into effect on 18 November, the day of deposit of the instrument of ratification.