DIVERNET NEWS

DATELINE: 14th February 2001

AMNESTY ON FINDS
The Government has announced an amnesty designed to allow holders of undeclared maritime finds to report them without fear of prosecution. The Wreck Amnesty represents an opportunity for declaration of finds by divers who, down the years, have either ignored or been genuinely unaware of the law. It represents a last chance for illegal holders of finds to come forward before possible action is taken by the Receiver to recover items and/or prosecute holders.
The Wreck Amnesty came into operation on 23 January - the day it was announced to the press - and runs for three months until 24 April. Divers wishing to report finds are simply required, within the amnesty's timescale, to complete and return a Report of Wreck form (see below).
The amnesty comes after years in which the Receiver of Wreck, Veronica Robbins, has worked to educate divers about their duties under the law on finds. As a result, there will now be divers wishing to report finds but fearful of prosecution if they do so.
"The amnesty is their chance to report without penalty," said the Receiver at the Wreck Amnesty's press launch in London.
It was in any case desirable, said the Receiver, that rightful owners should receive their property; that important archaeological material be brought to light; and that potentially dangerous items - essentially ordnance raised from warships - be made safe.
The amnesty applied, she said, not only to divers but to fishermen, beach-walkers, museums and antique dealers - anyone who could have picked up, or benefitted from trade in, unreported finds.
The amnesty has been welcomed by the sport diving organisations, the MOD and the Joint Nautical Achaeological Policy Committee, all of which were involved in longrunning discussions with the Receiver about the potential merits of such a move.
Under Section 236 of the Merchant Shipping Act 1995, those who land finds from the sea have to report them to the Receiver, who takes legal possession of them for a year and a day, though the item may remain physically with the finder.
In that time the Receiver attempts to trace an owner.
If one is found and wants the property returned, a salvage award is arranged with the finder. If no owner is found but the find is judged to be of important public interest, the Receiver will negotiate sale to, say, a museum, again to include a salvage award for the finder.
And if she finds neither owner nor reason for display, the find becomes the finder's permanent property.
Report of Wreck forms are available from the Receiver of Wreck at the Maritime Coastguard Agency in Southampton (01703 329100, website www.mcaagency.org.uk); and from HQs of the BSAC (0151 350 6200), PADI (0117 300 7234) and the SAA (0151 287 1001).