Marine historic environment
The Protection of Wrecks Act 1973
The 1973 Act protects wrecks below mean high water from interference by unauthorised persons. Section 1 provides protection for wrecks thought to be historically, archaeologically or artistically important, or for any objects contained (or formerly contained) therein. Six sites in Welsh waters have been designated under section 1 of the Act and appear on Cof Cymru:
- The Smalls Viking wreck site, Pembrokeshire
- The Mary, Skerries, Anglesey
- Pwll Fanog wreck, Menai Strait, Anglesey
- Tal y Bont wreck, Barmouth, Gwynedd
- The Diamond, Barmouth, Gwynedd
- Resurgam submarine, Rhyl, Denbighshire
You will need a licence from Cadw to dive or undertake any activities on any of these sites.
Section 2 of the 1973 Act provides protection for wrecks that are deemed dangerous because of their contents. A strict exclusion policy is operated within a prohibited area maintained around these wrecks.
The Protection of Military Remains Act 1986
The 1986 Act makes it an offence to interfere with any crashed military aircraft or the wreckage of designated military vessels without a licence. In practice, the Ministry of Defence is responsible for the designation of vessels to which the Act applies. The legislation currently requires that a vessel must have been sunk or stranded on or after 4 August 1914 to qualify for designation.
The 1986 Act constitutes any remains of aircraft that crashed while on military service or designated military vessels as protected places. While you may freely dive on a protected place, any activity that would occasion physical disturbance requires a licence from the Ministry of Defence.
The Act also provides for the designation of ‘controlled sites’. Designated, in practice, by the Ministry of Defence, a controlled site is a specifically designated area encompassing the remains of an aircraft or vessel lost within the last 200 years. All operations on a controlled site, including diving, require a licence from the Ministry of Defence.
The Merchant Shipping Act 1995
The 1995 Act requires that all wreck material, whether recovered from UK territorial waters or brought into the UK from outside, must be reported to the Receiver of Wreck. The receiver will try to find the owner of the material, or a museum home for any artefacts.
There are four main types of ‘wreck' in the UK.
Flotsam — goods lost from a sinking ship recoverable because they float.
Jetsam — goods deliberately thrown overboard (‘jettisoned’) to lighten the load of a ship in danger of sinking.
Lagan — goods cast overboard from a sinking ship recoverable because floats have been attached.
Derelict — goods or vessels abandoned at sea without hope of recovery.
Wreck may be:
- Found in or on the sea
- Washed ashore in tidal waters
- Recovered from a wreck site.
The Marine and Coastal Access Act 2009
The 2009 Act sets out a requirement for a national marine plan and establishes the Welsh Ministers as the marine planning authority for Wales. This Act also puts in place a marine licencing regime for many activities. The impact of any proposed activity on the marine historic environment is one of a range of factors taken into account when an application for a marine licence is considered.
The first Welsh National Marine Plan was published in 2019.
The Historic Environment (Wales) Act 2023
The 2023 Act provides for the scheduling of any thing or group of things that evidences past human activity. Underwater sites within the 12-nautical-mile limit of territorial waters can be scheduled, as can those up to and above high water.
You can dive on a scheduled underwater site, but you cannot disturb it without scheduled monument consent.