Overview

This bill implements the Nairobi International Convention on the Removal of Wrecks, 2007, into UK law. It establishes a legal framework for reporting, locating, marking, and removing shipwrecks that pose a hazard to navigation or the marine environment, and clarifies liability for the costs involved.

Description

The bill amends the Merchant Shipping Act 1995 to incorporate the Convention's provisions. Key aspects include:

• Reporting Requirements: Masters and operators of UK ships involved in accidents resulting in wrecks must report to the relevant authorities (the Secretary of State for UK waters, or the relevant foreign government otherwise). Failure to report is an offence, punishable by a fine up to £50,000.
• Locating and Marking: The Secretary of State is responsible for ensuring wrecks in UK waters are located and marked in accordance with the Convention.
• Removal by Registered Owner: The registered owner of a ship involved in a wreck is responsible for its removal if it poses a hazard. The Secretary of State can issue a notice requiring removal; failure to comply is an offence, with the same penalty as failure to report.
• Removal in Default: If the registered owner fails to remove the wreck, the Secretary of State can do so at the owner's expense.
• Liability for Costs: The registered owner is generally liable for the costs of locating, marking, and removing the wreck, unless certain exceptions apply (e.g., acts of war, third-party intentional damage).
• Compulsory Insurance: Ships with a gross tonnage of 300 or more must have wreck removal insurance and a certificate to that effect to enter or leave UK ports. Failure to have insurance is an offence.
• Third-Party Rights: Those entitled to recover costs from the registered owner can also claim from the insurer, subject to certain exceptions, including wilful misconduct by the registered owner.

Government Spending

The bill could lead to increased government spending on wreck removal in cases where the registered owner is unable or unwilling to meet their obligations. Specific figures are not provided in the bill text.

Groups Affected

• Ship Owners: They will bear the primary responsibility for wreck removal and must have appropriate insurance.
• Ship Operators: They have reporting responsibilities and face penalties for non-compliance.
• Insurers: They will be liable for wreck removal costs in certain circumstances.
• Maritime Authorities (e.g., Secretary of State, harbour authorities): They will have new responsibilities for wreck management.
• Salvors: They may be contracted by ship owners for wreck removal.

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