Overview

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

Description

Reporting Wrecks:

The bill mandates that those responsible for UK ships involved in accidents resulting in wrecks must report the incident promptly to the relevant authorities (the UK Secretary of State if the wreck is in UK waters, or the relevant foreign government otherwise). Failure to report is a criminal offense.

Locating and Marking Wrecks:

The Secretary of State is responsible for ensuring that wrecks in UK waters are located and marked in accordance with international standards. They can direct relevant authorities (lighthouse, harbor, or conservancy authorities) to carry out these tasks.

Removal of Wrecks:

The registered owner of a ship involved in an accident resulting in a hazardous wreck is responsible for its removal. The Secretary of State can issue a notice requiring removal and may impose conditions. If the owner fails to comply, the Secretary of State or a designated authority can remove the wreck and recover costs from the owner.

Liability and Costs:

The registered owner is liable for the costs of locating, marking, and removing the wreck, unless certain exceptions apply (e.g., act of war, act of a third party, negligence of navigational aid authorities). The bill outlines a process for recovering these costs from the owner, and also allows for recovery from the insurer if wreck removal insurance was in place. There are specified time limits for pursuing these claims.

Insurance Requirements:

Ships with a gross tonnage of 300 or more must have wreck removal insurance and a certificate confirming this insurance before entering or leaving UK ports. Failure to comply results in criminal penalties. The bill clarifies the requirements for this insurance, and how certificates will be issued and maintained, including provisions for electronic certificates.

Government Ships:

The bill excludes warships and government-owned non-commercial ships from its provisions, unless the UK government decides to apply it to those ships. Exceptions are made for liability related to such government-owned vessels.

Government Spending

The bill may lead to increased government spending if the Secretary of State or designated authorities have to remove wrecks where the registered owners are unable or unwilling to do so. The exact financial implications are not specified in the bill itself.

Groups Affected

• Ship Owners: Will be responsible for wreck removal and insurance, facing potential fines for non-compliance.
• Ship Operators: Have reporting responsibilities and face fines for non-compliance.
• Insurers: May be liable for costs if the registered owner is unable to meet those costs.
• Maritime Authorities: (Lighthouse, harbour and conservancy authorities) may be directed to carry out tasks related to wreck removal.
• Mariners: Benefit from safer navigation due to the removal of hazardous wrecks.
• The Environment: Protection of the marine environment is a key objective of this bill.

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