Page 424 - Green - Maritime Archaeology: A Technical Handbook. 2nd ed

Chapter 16: Legislation 403
Protection of Wreck Act, such as the Bronze Age wreck site at Dover. A ludicrous situation developed when the British Museum and the National Maritime Museum funded professional archaeological work which was sup- ported by volunteer help from the local sub-aqua club. As the finders of the site, the volunteers were technically the “salvors in possession.” After the excavation more than 300 bronzes had to be purchased by the British Museum from the receiver at the estimated market value, even though the museums had effectively paid for their “recovery” during the archaeologi- cal work. The local diving club received 100% of the purchase price less the receiver’s expenses, commission, and value-added tax (Redknap and Dean, 1989).
The Protection of Wreck Act 1973 in Britain has been:
. . . passed like an unwanted child from the Department of Trade and Industry, to the Department of Transport, to the Department of the Environment, and then to the Department of National Heritage, now Culture, Media, and Sport (Fenwick & Gale, 1998).
The management of archaeological sites on land together with the pro- cedures and practice of protection and preservation were developed through the Ancient Monuments Act 1882. As a result the management of archaeological sites on land is well established and the sites enjoy reason- able protection. The practice of archaeology on land has firmly established the indivisibility of the site and the associated artifacts. Attempts are now underway to rectify the situation regarding the disparity of underwater archaeological sites. Archaeologists argue that underwater sites are under extreme threat, because there is no legal mechanism to determine if a site is of historical or archaeological significance, and that the existing legisla- tion is encouraging the destruction of sites (see Joint Nautical Archaeolog- ical Policy Committee, 1989; Chippendale and Gibbons, 1990).
The Protection of Wreck Act 1973 allows the designation of a restricted area around a wreck site for archaeological, historical, or artistic impor- tance. Activity of any sort on a protected site has to be undertaken under license: either a survey, excavation, visitor, or survey recovery license. As Fenwick and Gale (1998) point out: “The Act has not lived up to expecta- tions.” At the time they wrote this there were 45 historic wrecks designated in British waters. Darrington (2002) refers to the Archaeological Diving Unit (part of the Department of Culture, Media, and Sport) sending staff to Australia for training in underwater excavation techniques. He also stated that “Lack of professional archaeologists has created a unique situ- ation. Many amateurs and a few commercial divers are leading the fight to preserve Britain’s maritime past.” This is a depressing professional situa- tion to say the least.