Odyssey would have had trouble bringing it into the UK RoW with the recovery from Portuguese waters. As noted in the rules, it is illegal to make a recovery in UK waters, and claim it is from elsewhere, so one is certain it works the other way. As noted with the recent jail term for the cannon, yes they are serious, and even Odyssey isn't that dumb.
There are many parameters, in looking at the current mapping by the Spanish, that would easily identify the wreck, the cannon for example. Odyssey recovered 16 tons of silver, but not one single cannon? It was very, very easy for Spain to prove ownership of the recovery, and the location is in Portuguese waters.
The Protection of Military Remains Act 1986
The Protection of Military Remains Act 1986 makes it an offence to interfere without a licence with the wreckage of any crashed, sunken or stranded military aircraft or designated vessel. This is irrespective of loss of life or whether the loss occurred during peacetime or wartime.
You can find wrecks designated as military remains on the Legislation.gov website.
All crashed military aircraft receive automatic protection, but vessels must be individually designated. Wrecked vessels are protected under this Act both in UK waters and abroad.
There are two levels of protection offered by this Act, designation as a protected place or as a controlled site.
Historic wreck material
When material of historical or archaeological importance is reported, the Receiver may seek further advice from experts in a related field. For wreck material that is of historical or archaeological importance, the Receiver of Wreck will try to ensure that it is offered to an appropriate museum. If you find historic wreck material, your views will be taken into consideration when placing the material in a museum and you may still be entitled to a salvage award.
and especially...
Receiver of Wreck - enforcement and penalties
The Receiver of Wreck tries to ensure the fair treatment of both legal salvors and legal owners. They also expect all sea and coast users to abide by the law when recovering wreck.
The Receiver will investigate any report of possible offences regarding the treatment of wreck. If the investigation reveals sufficient evidence, the Receiver may prosecute those suspected of having committed an offence.
The Receiver may share information with other prosecuting authorities, for instance, when offences come to light in relation to the Theft Act 1968 or the Firearms Act 1968.
UK RoW Wreck and Salvage Law
Look at this carefully: If you find historic wreck material, your views will be taken into consideration when placing the material in a museum and you may still be entitled to a salvage award.
There in lies the issue, a shipwreck at the bottom is not in peril, the risk to the salvor is simply monetary, and the skill to recover a vessel laying on the bottom was never the intent of the skills parameter in the Law of Salvage.
It is very clear you must make a very good case to be paid anything. This issue was illustrated by the 'award' Odyssey was given for the 2 cannon they recovered from the Victory and turned over to the RoW, a mere fraction of what they were valued at, and not even close to costs of recovery.
There are many parameters, in looking at the current mapping by the Spanish, that would easily identify the wreck, the cannon for example. Odyssey recovered 16 tons of silver, but not one single cannon? It was very, very easy for Spain to prove ownership of the recovery, and the location is in Portuguese waters.
The Protection of Military Remains Act 1986
The Protection of Military Remains Act 1986 makes it an offence to interfere without a licence with the wreckage of any crashed, sunken or stranded military aircraft or designated vessel. This is irrespective of loss of life or whether the loss occurred during peacetime or wartime.
You can find wrecks designated as military remains on the Legislation.gov website.
All crashed military aircraft receive automatic protection, but vessels must be individually designated. Wrecked vessels are protected under this Act both in UK waters and abroad.
There are two levels of protection offered by this Act, designation as a protected place or as a controlled site.
Historic wreck material
When material of historical or archaeological importance is reported, the Receiver may seek further advice from experts in a related field. For wreck material that is of historical or archaeological importance, the Receiver of Wreck will try to ensure that it is offered to an appropriate museum. If you find historic wreck material, your views will be taken into consideration when placing the material in a museum and you may still be entitled to a salvage award.
and especially...
Receiver of Wreck - enforcement and penalties
The Receiver of Wreck tries to ensure the fair treatment of both legal salvors and legal owners. They also expect all sea and coast users to abide by the law when recovering wreck.
The Receiver will investigate any report of possible offences regarding the treatment of wreck. If the investigation reveals sufficient evidence, the Receiver may prosecute those suspected of having committed an offence.
The Receiver may share information with other prosecuting authorities, for instance, when offences come to light in relation to the Theft Act 1968 or the Firearms Act 1968.
UK RoW Wreck and Salvage Law
Look at this carefully: If you find historic wreck material, your views will be taken into consideration when placing the material in a museum and you may still be entitled to a salvage award.
There in lies the issue, a shipwreck at the bottom is not in peril, the risk to the salvor is simply monetary, and the skill to recover a vessel laying on the bottom was never the intent of the skills parameter in the Law of Salvage.
It is very clear you must make a very good case to be paid anything. This issue was illustrated by the 'award' Odyssey was given for the 2 cannon they recovered from the Victory and turned over to the RoW, a mere fraction of what they were valued at, and not even close to costs of recovery.
Last edited:
