Who owns salvage rights

Liability salvage entails making efforts to protect the environment from damage. The property mentioned must face real peril, but not necessarily absolute or immediately. There must be no self-preservation interests involved. There are very specific conditions set to define the award and contractual payment awarded to the salvor.

Alongside contracts created to safeguard the payments assured to a salvor on completion of a successful salvage, there are several conditions that determine the award that can be expected. These conditions include but are not limited to:. The extent of success of the salvage. The extent of potential danger faced by the salvor. The valuation of the salvaged property.

All the articles listed within the relevant sections of the Salvage Convention. Adherence to the proposed time frame to complete the salvage. In recent times, another factor that determines the size of the reward includes whether a reasonable effort was made to prevent environmental damages.

Both salvors and ship owners must be aware of the regulations and Articles 13 and 14 of the IMO Convention in order to ensure that a suitable amount of reward is agreed upon. Special consideration is given to salvage efforts to save and preserve the environment. Salvage operations are not necessarily successful due to a variety of factors. If determined that the highest degree of salvage was carried out while adhering to the terms of the contract, a small reward may be provided subject to the discretion of the shipowner or operator.

In such cases, the remainder of the wreck or stranded ship may pose a major environmental risk, especially in the case of bulk carriers and tankers that carry polluting substances such as crude oil, LNG, CNG, coal, and other hazardous substances.

In such cases when a salvor makes an effort to prevent environmental hazards to the best of the ability determined by an independent arbitrator, the individual is provided with a special reward for environmental consideration.

Such rewards are not common but have recently been introduced to ensure that all efforts are taken to preserve the environment. If you are a salvor, you may be entitled to such a payment for your actions. However, it is not obligatory for the shipowner to pay such an award and is subject to several other factors.

In case of conflict, the decision is usually made by a suitable court of maritime law. Some governments also pay rewards for environmental liability salvage. Salvage includes naval aid but does not extend to foreign naval warships and submarines. In such cases, naval vessels are obliged to aid in rescue and salvage operations to prevent unnecessary loss to life and property.

Their responsibility covers lending aid to the affected vessel, crew, and passengers. It may also encompass further salvage operations which cannot safely be undertaken by civilian salvors. Several navies around the world have dedicated search and rescue units to aid in preliminary salvage following a maritime disaster. However, the same logic does not extend to warships and submarines belonging to the navy of a foreign country.

Such vessels can be lent aid by other vessels, but cannot be salvaged under any circumstances. This is done to prevent espionage and illegal gathering of data from these vessels.

They are off-limit to all salvage operations other than the flag nation of the vessel. This rule was not in effect during the Cold War era when the United States covertly salvaged a Soviet submarine under the pretence of mining for subsea manganese nodules The IMO Convention does not cover certain types of offshore platforms and installations.

The bulk of the IMO Convention covers maritime salvage of ships and other vessels but does not include offshore structures such as drilling units and other installations.

This is subject to the condition that they must be engaged in some sort of sub-sea mining or resource exploitation. For this reason, salvage operations for offshore structures conducting research for private and governmental bodies are covered under the articles of the Convention.

For salvaging offshore structures not covered by the IMO Convention, a local court of maritime law or other suitable regulatory body can be consulted regarding salvage operations and the subsequent reward to be paid. If you believe you are entitled to unclaimed wreck, you 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. A salvor, acting properly under the law, is likely to be entitled to a salvage award. This salvage award cannot exceed the salved value of the recovered material.

The Receiver can arrange for independent valuations to help owners and finders agree on a fair salvage award. The Receiver of Wreck is responsible for enforcing the Merchant Shipping Act in relation to wreck and salvage and actively monitors diving and salvage activities and social media as well as informing and educating sea users of their responsibilities.

Some wrecks are also covered by other pieces of legislation including the Protection of Wrecks Act or the Protection of Military Remains Act The Receiver works closely with other government departments and heritage organisations involved in matters related to wreck. It highlights the concern for sensitive and correct behaviour by all divers when visiting wreck sites. These organisations have also signed a Memorandum of Understanding to implement best practice in matters of wreck.

Under the Merchant Shipping Act , you must report to the Receiver of Wreck all wreck material recovered from UK territorial waters and any wreck material brought into the UK from outside UK territorial waters. This includes:. When you report recovered wreck material to the Receiver, you may be entitled to a salvage award.

Section 1 of the Protection of Wrecks Act is designed to protect wrecks which are of historic, archaeological or artistic importance. When a wreck is protected under this legislation, there is a protected area around the designated site and diving is prohibited unless an appropriate licence has been issued by the relevant National Heritage Agency.

Section 2 of the Protection of Wrecks Act covers wrecks considered as being potentially dangerous and is administered by the Receiver of Wreck through the MCA. In the interest of safety, there is a strict no-entry policy for wrecks considered dangerous because of their contents. These wrecks have a prohibited area around them. These areas protect nationally important shipwrecks, aircraft, man-made structures and scattered remains from submerged prehistoric landscapes.

Planning permission and marine licences may be required for certain types of work and activities within Historic Marine Protected Areas. It is a criminal offence to remove, alter or disturb marine historic assets, or to carry out activities which could damage or interfere with a marine historic asset or have a significant effect on the protected area.

This legislation is administered by Historic Environment Scotland, a link to their website can be found here.

The Protection of Military Remains Act deals with wrecks of aircraft and ships. All military aircraft is automatically protected under this legislation.

Under this act, vessels may be designated either as a protected place or as a controlled site. If you intend to recover wreck material you may require a licence from the appropriate authority. Further information on how to obtain a licence and when a licence is required can be found by clicking on the relevant organisations below:.

Please note that other permissions may be required for certain activities. It is your responsibility to ensure that you have the correct permissions before you dive or recover wreck material. Under the Merchant Shipping Act , you must report to the Receiver of Wreck all wreck material regardless of size or significance recovered from within UK territorial waters - up to the 12 nautical mile limit - or recovered outside the UK and brought within UK territorial waters.

Reporting wreck is a simple process. You just need to complete a Report of wreck and salvage form and send it to the Receiver of Wreck. If wreck material comes from non-tidal waters, it is treated as if it was found on land and falls under other legislation, such as the Treasure Act , or the Ancient Monuments and Archaeological Areas Act When you report a find - whether modern or historic material - to the Receiver, you may be entitled to a salvage award.

When you report wreck material to the Receiver, wreck owners are given the opportunity to have their property returned to them and the salvor may, in return, receive a salvage award. The Receiver investigates ownership of wreck items. If you find wreck, you should assume that it has an owner, for example:. Owners have one year after the Report Form is received in which to come forward and prove ownership of the property.

During this time, the finder is normally asked to hold the wreck on indemnity to the Receiver of Wreck. If an owner decides that they would like their property returned, they will first have to settle any salvage award due. When material of historical or archaeological importance is reported, the Receiver may seek further advice from experts in a related field.

For wreck material that is of historical or archaeological importance, the Receiver of Wreck will try to ensure that it is offered to an appropriate museum.

If you find historic wreck material, your views will be taken into consideration when placing the material in a museum and you may still be entitled to a salvage award. Please email signed reports to row mcga. The Receiver of Wreck tries to ensure the fair treatment of both legal salvors and legal owners.

They also expect all sea and coast users to abide by the law when recovering wreck. The Receiver will 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. The Receiver may share information with other prosecuting authorities when offences come to light.

Under the Merchant Shipping Act , there are offences for illegal activity concerning wreck and salvage which carries penalties, for example:. The Receiver considers that 28 days is a reasonable time for a finder to declare wreck by completing and submitting a Report of wreck and salvage form. If you recover wreck material and require more time to declare it, you can apply to the Receiver in writing, giving details of the reasons why.

However, if a find is not registered within 28 days, or a request for an extension is considered unreasonable, the Receiver may, without further notification, commence proceedings under section 2. Where possible the Receiver monitors diving activities in conjunction with Ministry of Defence, Police, Coastguard, Diving Organisations and other interested parties, and will continue to educate all sea-users through leaflets, presentations and visits.

Around the coast of the UK there are more than wreck sites designated as protected wrecks by one of three main pieces of legislation:. Section 1 of the Protection of Wrecks Act provides protection for designated wrecks which are deemed to be important by virtue of their historical, archaeological or artistic value. List of protected wrecks designated under Section 1 of the Protection of Wrecks Act English village still silent on shipwreck looters.

More on:. Top Stories Celebrity cosmetic surgeon's 'barbaric' attempt to fix a tummy tuck under local anaesthetic. Prime Minister says he does not believe he has told a lie in public life.

With Thailand's sex industry shuttered, Dao's savings are almost gone and she's struggling to provide for her family. People rescued from floodwaters, dam spills after heavy rain lashes parts of NSW. Tasmania's electricity connector to mainland, Basslink, goes into administration. A judge says construction company's punishment must send a message to other employers. Child rescued from alleged porn operation, as man faces 43 charges.

China Evergrande avoids default, but where is the money coming from? Victoria to overhaul sexual assault laws to require affirmative consent, outlaw 'stealthing'. The world's biggest meat processor says Huon Aquaculture is the start of its foray into seafood.

Man dies after dinghy capsizes, son survives eight hours at sea. Popular Now 1. Celebrity cosmetic surgeon's 'barbaric' attempt to fix a tummy tuck under local anaesthetic.

Child rescued from alleged porn operation, as man faces 43 charges Posted 56m ago 56 minutes ago Fri 12 Nov at am.