Protection of Military Remains Act 1986

Mike Rowley · 20th October 2006, 19:21

Protection of Military Remains Act 1986 (Designations of Vessels and Controlled Sites) Order 2006

The Ministry of Defence has issued a Statutory Instrument (SI) 2006 No. 2616 under the above Act of Parliament which becomes effective from 1st November 2006. The purpose of this SI is to modify the number of wrecks protected by this act with a second tranche of wrecks.

Under this SI which replaces the original SIs of 2002 and 2003 the number of Designated Controlled sites are 12. The number of Protected Places increases from the original 16 to 36.

This is probably a good point to remind people of the difference between Controlled Sites and Protected Places as defined by the Act.

Designated Protected Places are places (wrecks) that may be dived but divers commit a criminal offence if they touch, enter, remove any item or in any way interfere with the wreck. Put simply, you can swim around them but that is all.
Interestingly, some of these wrecks are outside British territorial waters. In these cases should a UK national contravene this regulation they would be guilty of an offence. However, a national of any other country would not! For instance, a US citizen could quite legally enter such a wreck and or remove artefacts as he or she chooses.

Designated Controlled Sites are sites which are identified by either position or name and have an exclusion zone around that position. This exclusion zone applies only to divers or salvers. Anglers, fishermen and vessels navigating over them are not affected by this SI.
Divers commit a criminal offence by entering the water whilst wearing SCUBA equipment within the specified exclusion zone without a licence. These wrecks are all in waters that come under UK control.
To date the Ministry of Defence has refused all applications for a licence to dive on any Designated Controlled Site.

Within these figures the protection of at least one wreck (HMS Warwick off North Cornwall) has been downgraded from Controlled Site to Protected Place. However, one regularly dived wreck (UB81 off the Isle of Wight) has been included as a Controlled site. I understand the reason for this is that the pressure hull of the submarine is rapidly deteriorating and the MOD considers divers may be able to view human remains as the wreck deteriorates further.

This tends to suggest that further wrecks will be upgraded and included as Controlled Sites over time and as they deteriorate. In view of this one could be forgiven for thinking it’s probably not a good idea for the diving community to report deterioration of wrecks to anyone.

Some of the new ones designated as Protected Places are wrecks that are regularly dived such as HMS M2 and HMS Boadicea (off Portland). Fourteen of the newly designated wrecks were sunk during the Battle of Jutland in May 1916.

The recent court case involving the SS Storraa has far reaching implications under this legislation. The MOD lost its appeal in the High Court on October 11th and has been ordered to treat merchant vessels sunk with loss of life in a similar manner to military vessels under the PMRA 1986. The Merchant Seaman’s Association, some marine archaeologists, survivors associations and other pressure groups can now be expected to lobby hard for all merchant ships sunk with loss of life during the two world wars and possibly within 200 years to be designated. Some 10,000 wrecks could be designated in the worst case scenario. It is unlikely they will be designated as Controlled Sites but the implications will go a long way to making criminals by reputation of us all.

The only positive parts of this are that there are currently only a few wrecks designated and the MOD desperately wants to avoid the bureaucratic nightmare and cost of designating and policing so many more wrecks. It will probably only consider wrecks for designation on application from interested parties and the number of active survivors associations for merchant vessels are believed to be relatively small. Realistically, the MOD is unable to police the currently designated wrecks. However, this legislation provides a powerful tool for the more fanatical marine archaeologists.

In the past, most of us have exchanged information on wrecks with various governmental bodies. However, in view of this and likely future legislation divers and skippers might like to consider whether it is wise to notify any official bodies such as the Hydrographic Office, the MOD or English Heritage if they locate any wrecks which may have any military connections. English Heritage has now been given responsibility for all UK underwater heritage by the government.

The value of magazine and internet publicity on wrecks becomes a double edged sword now as people wishing to expand the scope of this legislation will scour such media to gather evidence to support their cause.

I have listed the Protected Places and Controlled Sites below for your information.

Mike Rowley.

Designated controlled Sites

Name of Ship
Latitude
Longitude
Exclusion zone radius (metres)
HMS Bulwark
51.25.392N
00.39.172E
100
HMS Natal
57.41.244N
04.05.310W
100
HMS A7
50.18.518N
04.17.984W
200
HMS Dasher
55.37.747N
05.00.953W
200
HMS Royal Oak
58.55.848N
02.59.001W
200
HMS Vanguard
58.51.400N
03.06.405W
200
UB – 81
50.29.442N
00.58.351W
250
HMS H5
53.05.483N
04.41.975W
300
HMS Hampshire
59.07.065N
03.23.843W
300
HMS Affray
49.50.023N
02.34.533W
400
HMS Formidable
50.13.179N
03.04.071W
400
HMS Exmouth
58.18.467N
02.28.938W
750

Designated Protected Places

Name of Ship
Date sunk
HMS Acheron
17.12.1940
HMS Ardent
31.05.1916
HMS Black Prince
31,05.1916
HMS Blackwood
15.06.1944
HMS Boadicea
13.06.1944
HMS Bullen
06.12.1944
HMS Defence
31.05.1916
HMS Exmore
25.02.1941
HMS Fortune
31.05.1916
HMS Gloucester
22.05.1941
HMS Hood
24.05.1941
HMS Indefatigable
31.05.1916
HMS Invincible
31.05.1916
HMS K4
31.01.1918
HMS K17
31.01.1918
HMS M1
12.11.1925
HMS M2
26.01.1932
HMS Nestor
31.05.1916
HMS Nomad
31.05.1916
HMS Prince of Wales
10.12.1941
HMS Queen Mary
31.05.1916
HMS Repulse
10.12.1941
HMS Shark
31.05.1916
HMS Sheffield
09.05.1982
RFA Sir Galahad
25.06.1982
HMS Sparrowhawk
31.05.1916
HMS Swordfish
07.11.1940
HMS Tipperary
31.05.1916
HMS Turbulent
31.05.1916
HMS Umpire
19.07.1941
HMS Vandal
24.02.1943
HMS Vortigern
15.03.1942
HMS Warrior
31.05.1916
HMS Warwick
20.02.1944
U – 12
05.10.1939
UB – 65
14.07.1918

colinicky · 20th October 2006, 20:12

On the BBC SE news tonight
The MOD are seaking leave to appeal to the Law Lords over the Storaa

Mdemon · 20th October 2006, 22:46

Anyone still in any doubt over the possible implications of the recent DCMS review of wreck legislation just needs to look at what has been posted above.

divetheworld · 20th October 2006, 23:45

Oh look, is that a d1ck in our asses again? Let me look, oh yes, what do you know. The British government and the PC brigade again.

Have RIB, can travel. When a type 22 rolls up and asks me to eff off, then I might take notice. Until then,

abowie · 21st October 2006, 02:43

I wonder if anyone's dived the Sheffield?

She's in the Falklands.

EDIT: additional information.

She actually sank on 10th May 1982, 5 days after the Exocet attack which killed 20 of her crew. at the time of the sinking she was under tow.

She sank in the middle of the ocean to the South East of the Falklands.

Deepthought_reloaded · 21st October 2006, 03:21

Quote: (Originally Posted by Mike Rowley)

English Heritage has now been given responsibility for all UK underwater heritage by the government.

Oh wonderful (NOT)- I hope these guys have been taking the "common sense" pills (otherwise we may see barnacles being issued court orders to cease and desist)

Sorry if I sound a bit cynical but I used to work in a rather nice edwardian building - the owners had to do something about subsidence, dry rot and deathwatch beetle - planned to preserve the structure of the building supported with an internal steel skeleton - works would have cost a couple of million which was sensible given what the building was worth. English Heritage decided the work had to be done using Oak beams or not at all - cost in excess of 10m.
Building not there anymore - knocked down and replaced with bland modern flats. Hooray for the guys in EH

Just out of interest, where would doing a swim-thru on a controlled site rate on a scale of criminality, compared to for example robbing a little old lady...

Anyway, suppose we'd better enter those coordinates into the GPS (So we can avoid them - Honest)

DonalWalsh · 21st October 2006, 03:46

Quote: (Originally Posted by divetheworld)

Oh look, is that a d1ck in our asses again? Let me look, oh yes, what do you know. The British government and the PC brigade again.

Have RIB, can travel. When a type 22 rolls up and asks me to eff off, then I might take notice. Until then,

....hee hee , have some green for badness!

divetheworld · 21st October 2006, 08:28

Quote: (Originally Posted by DonalWalsh)

....hee hee , have some green for badness!

Cough, HMS Edinburgh, splutter, hypocrites.

I also carry a nice big pirate flag to wave at the '

tut tutters

' as they roll on by.

Lord M · 21st October 2006, 11:02

I was looking at this and something didn't add up, someone's been diving the Warwick.

A lot, and it's not me.

It's even advertised on his website!! So they obviously don't go into much research on controlled sites do they?

Ben Field · 21st October 2006, 12:08

Quote: (Originally Posted by Lord M)

I was looking at this and something didn't add up, someone's been diving the Warwick.

A lot, and it's not me.

It's even advertised on his website!! So they obviously don't go into much research on controlled sites do they?

You can dive the Warwick, its protected not controlled.

I find this all rather silly, I can walk into a field in Flanders and crunch my way through the bones of thousands but I can't swim through an empty rotting steel shell?

Who remembers the sailors who died on these wrecks most- the long dead relatives or the few divers who pay through there nose to dive these wrecks.... they'll be banning us visiting graveyards next incase we litter them with flowers or some such nonsense.

Another Govermental master stroke to add to the list- 2012 Olympics, Road Pricing, Congestion Charging, Inheritance Tax, Invading anywhere America does, Immigration Policy etc....

20th October 2006, 19:21	#1 (permalink)
Mike Rowley New Member Current Rebreather/s: Inspiration Classic Dolphin Other Rebreather/s: Dolphin Join Date: Aug 2005 Location: South Devon UK Posts: 11	Protection of Military Remains Act 1986 Protection of Military Remains Act 1986 (Designations of Vessels and Controlled Sites) Order 2006 The Ministry of Defence has issued a Statutory Instrument (SI) 2006 No. 2616 under the above Act of Parliament which becomes effective from 1st November 2006. The purpose of this SI is to modify the number of wrecks protected by this act with a second tranche of wrecks. Under this SI which replaces the original SIs of 2002 and 2003 the number of Designated Controlled sites are 12. The number of Protected Places increases from the original 16 to 36. This is probably a good point to remind people of the difference between Controlled Sites and Protected Places as defined by the Act. Designated Protected Places are places (wrecks) that may be dived but divers commit a criminal offence if they touch, enter, remove any item or in any way interfere with the wreck. Put simply, you can swim around them but that is all. Interestingly, some of these wrecks are outside British territorial waters. In these cases should a UK national contravene this regulation they would be guilty of an offence. However, a national of any other country would not! For instance, a US citizen could quite legally enter such a wreck and or remove artefacts as he or she chooses. Designated Controlled Sites are sites which are identified by either position or name and have an exclusion zone around that position. This exclusion zone applies only to divers or salvers. Anglers, fishermen and vessels navigating over them are not affected by this SI. Divers commit a criminal offence by entering the water whilst wearing SCUBA equipment within the specified exclusion zone without a licence. These wrecks are all in waters that come under UK control. To date the Ministry of Defence has refused all applications for a licence to dive on any Designated Controlled Site. Within these figures the protection of at least one wreck (HMS Warwick off North Cornwall) has been downgraded from Controlled Site to Protected Place. However, one regularly dived wreck (UB81 off the Isle of Wight) has been included as a Controlled site. I understand the reason for this is that the pressure hull of the submarine is rapidly deteriorating and the MOD considers divers may be able to view human remains as the wreck deteriorates further. This tends to suggest that further wrecks will be upgraded and included as Controlled Sites over time and as they deteriorate. In view of this one could be forgiven for thinking it’s probably not a good idea for the diving community to report deterioration of wrecks to anyone. Some of the new ones designated as Protected Places are wrecks that are regularly dived such as HMS M2 and HMS Boadicea (off Portland). Fourteen of the newly designated wrecks were sunk during the Battle of Jutland in May 1916. The recent court case involving the SS Storraa has far reaching implications under this legislation. The MOD lost its appeal in the High Court on October 11th and has been ordered to treat merchant vessels sunk with loss of life in a similar manner to military vessels under the PMRA 1986. The Merchant Seaman’s Association, some marine archaeologists, survivors associations and other pressure groups can now be expected to lobby hard for all merchant ships sunk with loss of life during the two world wars and possibly within 200 years to be designated. Some 10,000 wrecks could be designated in the worst case scenario. It is unlikely they will be designated as Controlled Sites but the implications will go a long way to making criminals by reputation of us all. The only positive parts of this are that there are currently only a few wrecks designated and the MOD desperately wants to avoid the bureaucratic nightmare and cost of designating and policing so many more wrecks. It will probably only consider wrecks for designation on application from interested parties and the number of active survivors associations for merchant vessels are believed to be relatively small. Realistically, the MOD is unable to police the currently designated wrecks. However, this legislation provides a powerful tool for the more fanatical marine archaeologists. In the past, most of us have exchanged information on wrecks with various governmental bodies. However, in view of this and likely future legislation divers and skippers might like to consider whether it is wise to notify any official bodies such as the Hydrographic Office, the MOD or English Heritage if they locate any wrecks which may have any military connections. English Heritage has now been given responsibility for all UK underwater heritage by the government. The value of magazine and internet publicity on wrecks becomes a double edged sword now as people wishing to expand the scope of this legislation will scour such media to gather evidence to support their cause. I have listed the Protected Places and Controlled Sites below for your information. Mike Rowley. Designated controlled Sites Name of Ship Latitude Longitude Exclusion zone radius (metres) HMS Bulwark 51.25.392N 00.39.172E 100 HMS Natal 57.41.244N 04.05.310W 100 HMS A7 50.18.518N 04.17.984W 200 HMS Dasher 55.37.747N 05.00.953W 200 HMS Royal Oak 58.55.848N 02.59.001W 200 HMS Vanguard 58.51.400N 03.06.405W 200 UB – 81 50.29.442N 00.58.351W 250 HMS H5 53.05.483N 04.41.975W 300 HMS Hampshire 59.07.065N 03.23.843W 300 HMS Affray 49.50.023N 02.34.533W 400 HMS Formidable 50.13.179N 03.04.071W 400 HMS Exmouth 58.18.467N 02.28.938W 750 Designated Protected Places Name of Ship Date sunk HMS Acheron 17.12.1940 HMS Ardent 31.05.1916 HMS Black Prince 31,05.1916 HMS Blackwood 15.06.1944 HMS Boadicea 13.06.1944 HMS Bullen 06.12.1944 HMS Defence 31.05.1916 HMS Exmore 25.02.1941 HMS Fortune 31.05.1916 HMS Gloucester 22.05.1941 HMS Hood 24.05.1941 HMS Indefatigable 31.05.1916 HMS Invincible 31.05.1916 HMS K4 31.01.1918 HMS K17 31.01.1918 HMS M1 12.11.1925 HMS M2 26.01.1932 HMS Nestor 31.05.1916 HMS Nomad 31.05.1916 HMS Prince of Wales 10.12.1941 HMS Queen Mary 31.05.1916 HMS Repulse 10.12.1941 HMS Shark 31.05.1916 HMS Sheffield 09.05.1982 RFA Sir Galahad 25.06.1982 HMS Sparrowhawk 31.05.1916 HMS Swordfish 07.11.1940 HMS Tipperary 31.05.1916 HMS Turbulent 31.05.1916 HMS Umpire 19.07.1941 HMS Vandal 24.02.1943 HMS Vortigern 15.03.1942 HMS Warrior 31.05.1916 HMS Warwick 20.02.1944 U – 12 05.10.1939 UB – 65 14.07.1918
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20th October 2006, 20:12	#2 (permalink)
colinicky Custom Title Allowed! Current Rebreather/s: Inspiration Vision Other Rebreather/s: Inspiration Classic Join Date: Mar 2005 Location: uk Posts: 676	News tonight On the BBC SE news tonight The MOD are seaking leave to appeal to the Law Lords over the Storaa __________________ Colin I trust my rebreather completely , I just don't trust the user onwards & downwards
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20th October 2006, 22:46	#3 (permalink)
Mdemon SiegeEngine II Current Rebreather/s: Inspiration Classic Home Build Other Rebreather/s: Inspiration Classic Home Build Join Date: Feb 2007 Location: SWUK Posts: 1,931	Re: Protection of Military Remains Act 1986 Anyone still in any doubt over the possible implications of the recent DCMS review of wreck legislation just needs to look at what has been posted above. __________________ www.southwestmafia.com "small minds talk about people, Average Minds Talk About Events, GREAT MINDS TALK ABOUT IDEAS!" The WRONG Attitude will get you killed. "Once the agenda-monkeys and perfect-worlders have moved on, perhaps we can do some diving?"
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20th October 2006, 23:45	#4 (permalink)
divetheworld Dive porn pimp Current Rebreather/s: Inspiration Classic Other CCR Other Rebreather/s: Not Bought Yet Inspiration Classic Inspiration Vision Classic Kiss Other CCR Join Date: Mar 2005 Location: Leeds, England Posts: 1,585	Re: Protection of Military Remains Act 1986 Oh look, is that a d1ck in our asses again? Let me look, oh yes, what do you know. The British government and the PC brigade again. Have RIB, can travel. When a type 22 rolls up and asks me to eff off, then I might take notice. Until then, __________________ Attitude and self praise is no reccomendation. Dont try to be a great man, just be a man and let history be the judge of you. CHECK OUT OUR INTERWEBS FOR CUSTOM REBREATHER UPGRADES *WWW.NARKEDAT90.CO.UK* *http://www.grpservices.com/pursuit/* Supporting Shearwater Research Products in Europe
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21st October 2006, 03:21	#6 (permalink)
Deepthought_reloaded New Member Current Rebreather/s: Azimuth Other Rebreather/s: Azimuth Join Date: Oct 2006 Location: York Posts: 59	Re: Protection of Military Remains Act 1986 Quote: (Originally Posted by Mike Rowley) English Heritage has now been given responsibility for all UK underwater heritage by the government. Oh wonderful (NOT)- I hope these guys have been taking the "common sense" pills (otherwise we may see barnacles being issued court orders to cease and desist) Sorry if I sound a bit cynical but I used to work in a rather nice edwardian building - the owners had to do something about subsidence, dry rot and deathwatch beetle - planned to preserve the structure of the building supported with an internal steel skeleton - works would have cost a couple of million which was sensible given what the building was worth. English Heritage decided the work had to be done using Oak beams or not at all - cost in excess of 10m. Building not there anymore - knocked down and replaced with bland modern flats. Hooray for the guys in EH Just out of interest, where would doing a swim-thru on a controlled site rate on a scale of criminality, compared to for example robbing a little old lady... Anyway, suppose we'd better enter those coordinates into the GPS (So we can avoid them - Honest)
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21st October 2006, 03:46	#7 (permalink)
DonalWalsh Third Class Snorkeller Current Rebreather/s: Megalodon Other Rebreather/s: Evolution Join Date: Nov 2005 Location: Moving to London in Sept.....which way to the South Coast?? Posts: 136	Re: Protection of Military Remains Act 1986 Quote: (Originally Posted by divetheworld) Oh look, is that a d1ck in our asses again? Let me look, oh yes, what do you know. The British government and the PC brigade again. Have RIB, can travel. When a type 22 rolls up and asks me to eff off, then I might take notice. Until then, ....hee hee , have some green for badness!
(Offline)

21st October 2006, 08:28	#8 (permalink)
divetheworld Dive porn pimp Current Rebreather/s: Inspiration Classic Other CCR Other Rebreather/s: Not Bought Yet Inspiration Classic Inspiration Vision Classic Kiss Other CCR Join Date: Mar 2005 Location: Leeds, England Posts: 1,585	Re: Protection of Military Remains Act 1986 Quote: (Originally Posted by DonalWalsh) ....hee hee , have some green for badness! Cough, HMS Edinburgh, splutter, hypocrites. I also carry a nice big pirate flag to wave at the 'tut tutters' as they roll on by. __________________ Attitude and self praise is no reccomendation. Dont try to be a great man, just be a man and let history be the judge of you. CHECK OUT OUR INTERWEBS FOR CUSTOM REBREATHER UPGRADES *WWW.NARKEDAT90.CO.UK* *http://www.grpservices.com/pursuit/* Supporting Shearwater Research Products in Europe
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21st October 2006, 11:02	#9 (permalink)
Lord M New Member Current Rebreather/s: Inspiration Classic Other Rebreather/s: Join Date: May 2006 Location: Central Cornwall. Posts: 58	Re: Protection of Military Remains Act 1986 I was looking at this and something didn't add up, someone's been diving the Warwick. A lot, and it's not me. It's even advertised on his website!! So they obviously don't go into much research on controlled sites do they?
(Offline)

21st October 2006, 12:08	#10 (permalink)
Ben Field CK+Shearwater Current Rebreather/s: Classic Kiss Other Rebreather/s: Sport Kiss Join Date: Aug 2005 Location: London, England Posts: 1,632	Re: Protection of Military Remains Act 1986 Quote: (Originally Posted by Lord M) I was looking at this and something didn't add up, someone's been diving the Warwick. A lot, and it's not me. It's even advertised on his website!! So they obviously don't go into much research on controlled sites do they? You can dive the Warwick, its protected not controlled. I find this all rather silly, I can walk into a field in Flanders and crunch my way through the bones of thousands but I can't swim through an empty rotting steel shell? Who remembers the sailors who died on these wrecks most- the long dead relatives or the few divers who pay through there nose to dive these wrecks.... they'll be banning us visiting graveyards next incase we litter them with flowers or some such nonsense. Another Govermental master stroke to add to the list- 2012 Olympics, Road Pricing, Congestion Charging, Inheritance Tax, Invading anywhere America does, Immigration Policy etc.... __________________ Know your PPO2, Pre-breath, Use checklists, Validate cells at 6mtrs, Use pure O2 at or near surface, Use a BOV, Don't dive Solo, Change Slime and Cells as recommended by Manufacturer and RTFM! Beware Fridge Suck! www.hugsac.org.uk
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