Wreck Removal Convention Act 2011

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Wreck Removal Convention Act 2011

An Act to implement the Nairobi International Convention on the Removal of Wrecks 2007.

[12 th July 2011]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

1 Wreck Removal Convention

(1) The Merchant Shipping Act 1995 is amended as follows.

(2) After section 255 insert—

“Part 9 AWreck Removal Convention

Preliminary

255 A“The Wrecks Convention”

(1) In this Part—

(a)“the Wrecks Convention” means the Nairobi International Convention on the Removal of Wrecks 2007 done in Nairobi on 18 May 2007 , and

(b)“Wrecks Convention State” means a State which is a party to the Wrecks Convention.

(2) The text of the Wrecks Convention is set out in Schedule 11 ZA.

Reporting, marking and removing

255 BWreck reports

(1) Where an accident results in a wreck in a Convention area, the persons responsible for any United Kingdom ship involved in the accident must report the wreck without delay.

(2) If the wreck is in the United Kingdom’s Convention area, it must be reported to the Secretary of State.

(3) If the wreck is in the Convention area of any other State, it must be reported to the government of that State.

(4) The following are responsible for a ship—

(a) the master of the ship, and

(b) the operator of the ship.

(5) A report under subsection (1) must include the information mentioned in paragraph (2) of Article 5 of the Wrecks Convention (so far as it is known).

(6) If one of the persons responsible for a ship makes a report under subsection (1) the others are no longer under a duty to make a report.

(7) Failure to comply with the reporting requirement is an offence.

(8) A person guilty of an offence under this section is liable—

(a) on summary conviction, to a fine not exceeding £50 ,000 , or

(b) on conviction on indictment, to a fine.

255 CLocating and marking wrecks

(1) This section applies where an accident results in a wreck in the United Kingdom’s Convention area.

(2) The Secretary of State must ensure that the United Kingdom complies with its obligations under Articles 7 and 8 of the Wrecks Convention (locating and marking of wrecks).

(3) The Secretary of State may, for those purposes, direct any of the following to take specified steps in relation to the wreck if it is within their area—

(a) a general lighthouse authority;

(b) a harbour authority;

(4) A direction may require an authority to exercise or not to exercise a power under section 252 or 253 within their area.

(5) For the purposes of subsections (3) and (4) (and, in a cas...

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