Written answers

Tuesday, 18 October 2011

Department of Transport, Tourism and Sport

Marine Salvage

9:00 pm

Photo of Kevin HumphreysKevin Humphreys (Dublin South East, Labour)
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Question 541: To ask the Minister for Transport, Tourism and Sport the legal position regarding salvage from shipwrecks containing precious metals (details supplied) within Irish territorial waters; if the State has a claim on any materials raised from the seabed; his views on amending the law to ensure companies or persons searching for wrecks for commercial exploitation should report any discoveries to him; and if he will make a statement on the matter. [29607/11]

Photo of Leo VaradkarLeo Varadkar (Dublin West, Fine Gael)
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The law of salvage and of finds is triggered when a person salvages or finds a wreck. If a wreck, including cargo and apparel, is salvaged or found within the territorial sea limits (c. 12 nautical miles) it must be made known to the Receiver of Wreck for the district in which it is found, and, if the owner is not known, given into the possession of the Receiver of Wreck.

If a wreck is found outside the territorial sea, whether the wreck is in the EEZ - Exclusive Economic Zone (c.200 nautical miles) or beyond, Irish law is triggered only if or when a salvor or finder brings the wreck into the State. The wreck to which the Deputy refers is located some 160 kilometres off the coast and is therefore outside the territorial waters of the State. Therefore the State has no claim on the cargo of this vessel. However, if the cargo is brought from the vessel located outside the territorial waters of the State into the State it is subject to normal Customs rules.

The law of salvage and wreck is governed by the the International Convention on Salvage 1989 and this is implemented in Ireland by the Merchant Shipping (Salvage and Wreck) Act 1993. The law seeks to protect the interests of salvors, owners and the State. As well as the provisions of the 1993 Act, the National Monuments (Amendment) Act 1987 provides that an underwater Heritage Order may be made to designate any wreck or site of a wreck on account of its historical, archaeological, or artistic importance. This falls within the remit of the Department of Arts, Heritage and the Gaeltacht.

Salvage of wreck in the territorial waters is rewarded in line with criteria set out in the 1993 Act. Wreck includes precious metals whether cargo or vessel apparel. Salvaged wreck remains the property of the owner and must be returned to the owner after salvage. Companies as well as all other persons must report all wreck discovered in the territorial waters of the State. If, when the wreck is discovered, the ownership is known, the person who makes the discovery may agree with the owner terms for salvage. The contract between a salvor and owner is governed by contract law, separate from the provisions of the 1993 Act.

If a wreck is discovered within the territorial waters of the State and the owner of wreck is not known, the finder must deliver the find to the Receiver of Wreck for the district in which the wreck was found. If the Receiver cannot establish ownership, the wreck becomes the property of the State. The Director of the National Museum will decide if such wreck has historical, archaeological, or artistic importance and may retain the wreck or part of it on behalf of the State. In such instances, salvors are paid reward by the Director in accordance with the circumstances of the case. If the Director decides not to retain such wreck, the Receiver will sell the wreck and pay the proceeds to the State, after payment of salvage reward and expenses to the salvor or finder.

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