Receiver of Wreck
Encyclopedia
The Receiver of Wreck is an official who administers law dealing with wreck and salvage in some countries having a British administrative heritage.
, is an official of the British Government whose main task is to administer the law in relation to Wreck and Salvage. 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 Her Majesty's Coastguard
. The current Receiver of Wreck is Alison Kentuck.
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 the Republic of Ireland
a "Receiver of Wreck" is a Revenue Official appointed by the Minister for Transport 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 Navigable Waters Protection Division of Transport Canada
is responsible for administering this program.
, museum
s, 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
.
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. There are two wreck protected under Section 2 of the Act, the SS Richard Montgomery
and the SS Castilian
.
The Receiver of Wreck also undertakes the task of disposing of "Royal fish
" in England, Wales and Northern Ireland. "Royal Fish" are dead whale
s, dolphin
s, porpoise
s and sturgeon
. This is an ancient right dating back to Edward II's reign which falls under the Royal Prerogative
.
(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.
According to the Merchant Shipping Act 1995, wreck
can include:
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.
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 (United Kingdom)
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 can’t do, and the Merchant Shipping Act 1995 covers what salvors can or must do.
Wreck can be reported to the Receiver by completing a Report of Wreck and Salvage Form.
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.
in the The Wreck of the Mary Deare (Film)
. Show of Hands
, an English folk band, sing about the Receiver of Wreck in the song The Napoli. This was inspired by the wreck of the MSC Napoli
which was grounded in Branscombe
Bay and subsequently lost many containers which were washed up on the beach before being rifled through by people fleeing to the small village.
Countries having a Receiver of Wreck
In the UK, the "Receiver of Wreck", a post defined under the Merchant Shipping Act 1995Merchant Shipping Act 1995
The Merchant Shipping Act 1995 is an Act of Parliament passed in the United Kingdom in 1995.The Merchant Shipping Act 2006 amended section 178 of the Act...
, is an official of the British Government whose main task is to administer the law in relation to Wreck and Salvage. Operating on behalf of the Department for Transport
Department for Transport
In the United Kingdom, the Department for Transport is the government department responsible for the English transport network and a limited number of transport matters in Scotland, Wales and Northern Ireland which are not devolved...
, the Receiver of Wreck is located within the Maritime and Coastguard Agency
Maritime and Coastguard Agency
The Maritime and Coastguard Agency is a UK executive agency working to prevent the loss of lives at sea and is responsible for implementing British and International maritime law and safety policy.This involves coordinating search and rescue at sea through Her Majesty's Coastguard , ensuring that...
. Until 1993, the role was carried out by numerous coastal customs officials. Nowadays, the Receiver is based in Southampton
Southampton
Southampton is the largest city in the county of Hampshire on the south coast of England, and is situated south-west of London and north-west of Portsmouth. Southampton is a major port and the closest city to the New Forest...
and is helped by local outposts of Her Majesty's Coastguard
Her Majesty's Coastguard
Her Majesty's Coastguard is the service of the government of the United Kingdom concerned with co-ordinating air-sea rescue.HM Coastguard is a section of the Maritime and Coastguard Agency responsible for the initiation and co-ordination of all civilian maritime Search and Rescue within the UK...
. The current Receiver of Wreck is Alison Kentuck.
Elsewhere in the British Isles, each of the Channel Islands
Channel Islands
The Channel Islands are an archipelago of British Crown Dependencies in the English Channel, off the French coast of Normandy. They include two separate bailiwicks: the Bailiwick of Guernsey and the Bailiwick of Jersey...
, and the Isle of Man
Isle of Man
The Isle of Man , otherwise known simply as Mann , is a self-governing British Crown Dependency, located in the Irish Sea between the islands of Great Britain and Ireland, within the British Isles. The head of state is Queen Elizabeth II, who holds the title of Lord of Mann. The Lord of Mann is...
have their own laws of wreck and salvage and their own "Receiver of Wreck".
In the Republic of Ireland
Republic of Ireland
Ireland , described as the Republic of Ireland , is a sovereign state in Europe occupying approximately five-sixths of the island of the same name. Its capital is Dublin. Ireland, which had a population of 4.58 million in 2011, is a constitutional republic governed as a parliamentary democracy,...
a "Receiver of Wreck" is a Revenue Official appointed by the Minister for Transport 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
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
has a "Receiver of Wreck", authorized by Part VI of the Canada Shipping Act. The Navigable Waters Protection Division of Transport Canada
Transport Canada
Transport Canada is the department within the government of Canada which is responsible for developing regulations, policies and services of transportation in Canada. It is part of the Transportation, Infrastructure and Communities portfolio...
is responsible for administering this program.
History
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 Role of the Receiver of Wreck
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, archaeologistsArchaeology
Archaeology, or archeology , is the study of human society, primarily through the recovery and analysis of the material culture and environmental data that they have left behind, which includes artifacts, architecture, biofacts and cultural landscapes...
, museum
Museum
A museum is an institution that cares for a collection of artifacts and other objects of scientific, artistic, cultural, or historical importance and makes them available for public viewing through exhibits that may be permanent or temporary. Most large museums are located in major cities...
s, 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
Marine salvage
Marine salvage is the process of rescuing a ship, its cargo, or other property from peril. Salvage encompasses rescue towing, refloating a sunken or grounded vessel, or patching or repairing a ship...
.
The Maritime and Coastguard Agency
Maritime and Coastguard Agency
The Maritime and Coastguard Agency is a UK executive agency working to prevent the loss of lives at sea and is responsible for implementing British and International maritime law and safety policy.This involves coordinating search and rescue at sea through Her Majesty's Coastguard , ensuring that...
administers Section 2 of the Protection of Wrecks Act 1973
Protection of Wrecks Act 1973
The Protection of Wrecks Act 1973 is an Act of the Parliament of the United Kingdom which provides protection for designated shipwrecks. Section 1 of the act provides for wrecks to be designated because of historical, archaeological or artistic value. Section 2 provides for designation of...
, 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. There are two wreck protected under Section 2 of the Act, the SS Richard Montgomery
SS Richard Montgomery
SS Richard Montgomery was an American Liberty ship built during World War II, one of the 2,710 used to carry cargo during the war. The ship was wrecked off the Nore in the Thames Estuary in 1944 with around 1,400 tons of explosives on board, which continue to be a hazard to the area.-History:The...
and the SS Castilian
SS Castilian
SS Castilian was carrying a cargo of munitions to Lisbon when she struck East Platters Rocks, near The Skerries, Anglesey, Wales and on 12 February 1943 sank....
.
The Receiver of Wreck also undertakes the task of disposing of "Royal fish
Royal fish
Under the law of the United Kingdom, whales and sturgeons are royal fish, and when taken become the personal property of the monarch of the United Kingdom as part of his or her royal prerogative.-In England & Wales:...
" in England, Wales and Northern Ireland. "Royal Fish" are dead whale
Whale
Whale is the common name for various marine mammals of the order Cetacea. The term whale sometimes refers to all cetaceans, but more often it excludes dolphins and porpoises, which belong to suborder Odontoceti . This suborder also includes the sperm whale, killer whale, pilot whale, and beluga...
s, dolphin
Dolphin
Dolphins are marine mammals that are closely related to whales and porpoises. There are almost forty species of dolphin in 17 genera. They vary in size from and , up to and . They are found worldwide, mostly in the shallower seas of the continental shelves, and are carnivores, mostly eating...
s, porpoise
Porpoise
Porpoises are small cetaceans of the family Phocoenidae; they are related to whales and dolphins. They are distinct from dolphins, although the word "porpoise" has been used to refer to any small dolphin, especially by sailors and fishermen...
s and sturgeon
Sturgeon
Sturgeon is the common name used for some 26 species of fish in the family Acipenseridae, including the genera Acipenser, Huso, Scaphirhynchus and Pseudoscaphirhynchus. The term includes over 20 species commonly referred to as sturgeon and several closely related species that have distinct common...
. This is an ancient right dating back to Edward II's reign which falls under the Royal Prerogative
Royal Prerogative
The royal prerogative is a body of customary authority, privilege, and immunity, recognized in common law and, sometimes, in civil law jurisdictions possessing a monarchy as belonging to the sovereign alone. It is the means by which some of the executive powers of government, possessed by and...
.
What is wreck?
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 watersTerritorial waters
Territorial waters, or a territorial sea, as defined by the 1982 United Nations Convention on the Law of the Sea, is a belt of coastal waters extending at most from the baseline of a coastal state...
(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.
According to the Merchant Shipping Act 1995, wreck
Flotsam and jetsam
In maritime law, flotsam, jetsam, lagan and derelict describe specific kinds of wreck.The words have specific nautical meanings, with legal consequences in the law of admiralty and marine salvage....
can include:
- Flotsam are goods lost from a ship which has sunk or otherwise perished which are recoverable because they have floated.
- Jetsam are goods cast overboard (jettisoned) in order to lighten a vessel which is in danger of sinking, even if they ultimately perish.
- Derelict is property which has been abandoned and deserted at sea by those who were in charge without any hope of recovering it. This includes vessels and cargo.
- Lagan (or ligan) are goods cast overboard from a ship, buoyed so that they can be recovered later.
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.
UK Wreck Law
It is a legal requirement under the Merchant Shipping Act 1995 that all recovered wreck material landed in the United KingdomUnited Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
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 (United Kingdom)
Ministry of Defence (United Kingdom)
The Ministry of Defence is the United Kingdom government department responsible for implementation of government defence policy and is the headquarters of the British Armed Forces....
or the Department for Transport
Department for Transport
In the United Kingdom, the Department for Transport is the government department responsible for the English transport network and a limited number of transport matters in Scotland, Wales and Northern Ireland which are not devolved...
.
Wreck from UK waters which is still unclaimed at the end of one year, becomes the property of the Crown
The Crown
The Crown is a corporation sole that in the Commonwealth realms and any provincial or state sub-divisions thereof represents the legal embodiment of governance, whether executive, legislative, or judicial...
(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
Marine salvage
Marine salvage is the process of rescuing a ship, its cargo, or other property from peril. Salvage encompasses rescue towing, refloating a sunken or grounded vessel, or patching or repairing a ship...
.
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
Protection of Wrecks Act 1973
The Protection of Wrecks Act 1973 is an Act of the Parliament of the United Kingdom which provides protection for designated shipwrecks. Section 1 of the act provides for wrecks to be designated because of historical, archaeological or artistic value. Section 2 provides for designation of...
and the Protection of Military Remains Act 1986
Protection of Military Remains Act 1986
The Protection of Military Remains Act 1986 is an Act of Parliament in the United Kingdom which 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...
detail what salvors can’t do, and the Merchant Shipping Act 1995 covers what salvors can or must do.
- 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.
Penalties
There are several penalties associated with wreck and salvage outlined in the Merchant Shipping Act 1995Merchant Shipping Act 1995
The Merchant Shipping Act 1995 is an Act of Parliament passed in the United Kingdom in 1995.The Merchant Shipping Act 2006 amended section 178 of the Act...
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.
The Receiver of Wreck Annual Report
The Receiver of Wreck releases an Annual Report in which she outlines interesting finds and statistics for that year.In popular culture
The Receiver of Wreck was mentioned by Charlton HestonCharlton Heston
Charlton Heston was an American actor of film, theatre and television. Heston is known for heroic roles in films such as The Ten Commandments, Ben-Hur for which he won the Academy Award for Best Actor, El Cid, and Planet of the Apes...
in the The Wreck of the Mary Deare (Film)
The Wreck of the Mary Deare (film)
The Wreck of the Mary Deare is a 1959 Metrocolor British-American thriller film directed by Michael Anderson and starring Gary Cooper, Charlton Heston, Michael Redgrave, Cecil Parker, Richard Harris and John Le Mesurier, based upon the novel by Hammond Innes.-Synopsis:A merchant marine captain,...
. Show of Hands
Show of Hands
Show of Hands is an English acoustic roots and folk duo comprising singer-songwriter Steve Knightley and multi-instrumentalist Phil Beer. In recent years they have been accompanied on tour and in the studio by jazz double-bassist Miranda Sykes.-Origins:...
, an English folk band, sing about the Receiver of Wreck in the song The Napoli. This was inspired by the wreck of the MSC Napoli
MSC Napoli
MSC Napoli was a United Kingdom-flagged container ship that was deliberately broken up by salvors after she ran into difficulty in the English Channel on 18 January 2007.-Early history:...
which was grounded in Branscombe
Branscombe
The Old Bakery, Manor Mill & Forge is a collection of buildings in Branscombe, Seaton, Devon, England. The property has been in the ownership of the National Trust since 1965.The property consists of three buildings: a bakery, a watermill and a forge....
Bay and subsequently lost many containers which were washed up on the beach before being rifled through by people fleeing to the small village.
See also
- Her Majesty's CoastguardHer Majesty's CoastguardHer Majesty's Coastguard is the service of the government of the United Kingdom concerned with co-ordinating air-sea rescue.HM Coastguard is a section of the Maritime and Coastguard Agency responsible for the initiation and co-ordination of all civilian maritime Search and Rescue within the UK...
- Maritime disasters
- Merchant Shipping Act 1995Merchant Shipping Act 1995The Merchant Shipping Act 1995 is an Act of Parliament passed in the United Kingdom in 1995.The Merchant Shipping Act 2006 amended section 178 of the Act...
- Protection of Military Remains Act 1986Protection of Military Remains Act 1986The Protection of Military Remains Act 1986 is an Act of Parliament in the United Kingdom which 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...
- Protection of Wrecks Act 1973Protection of Wrecks Act 1973The Protection of Wrecks Act 1973 is an Act of the Parliament of the United Kingdom which provides protection for designated shipwrecks. Section 1 of the act provides for wrecks to be designated because of historical, archaeological or artistic value. Section 2 provides for designation of...
- Royal fishRoyal fishUnder the law of the United Kingdom, whales and sturgeons are royal fish, and when taken become the personal property of the monarch of the United Kingdom as part of his or her royal prerogative.-In England & Wales:...
- Underwater archaeologyUnderwater archaeologyUnderwater archaeology is archaeology practised underwater. As with all other branches of archaeology it evolved from its roots in pre-history and in the classical era to include sites from the historical and industrial eras...
- Wreck divingWreck divingWreck diving is a type of recreational diving where shipwrecks are explored. Although most wreck dive sites are at shipwrecks, there is an increasing trend to scuttle retired ships to create artificial reef sites...