CHAPTER
274
ABANDONED WRECK |
ARRANGEMENT OF
SECTIONS |
SECTION |
|
|
Property in abandoned wreck. |
Minister may enter agreement with prospector. |
Terms and conditions of agreement. |
Notice of agreements to be published in Gazette. |
Custody of abandoned wreck. |
Governor-General may appoint Wreck Commissioner. |
Claims of owners to wreck. |
Penalty for unauthorised persons prospecting,
etc. |
Warrant may issue in cases of concealment of
wreck. |
Presumption where wreck found in possession of
any person. |
|
CHAPTER 274 |
ABANDONED WRECK |
An Act to
provide for disposal of abandoned wreck and for the encouragement of salvage of
such wreck. | 25 of 1965
16 of 1967
E.L.A.O., 1974
5 of 1987
18 of 1993 |
[Commencement 18th
May, 1965] |
1. This Act may be cited as the Abandoned Wreck Act. | Short title. |
2. In this Act, unless the context otherwise requires- | Interpretation. |
"abandoned
wreck" means any wreck which has remained continuously upon the sea-bed
within the limits of The Bahamas for a period of fifty years or upwards before
being brought to shore; |
"Minister"
means the Minister responsible for Wrecks; |
"Permanent
Secretary" means the Permanent Secretary to the Minister; |
"prospector"
means any person or body of persons corporate or unincorporate with whom the
Minister has entered into an agreement under the provisions of this Act and shall
be deemed to include the agents, licensees and servants of a prospector; |
"salvage"
includes all expenses properly incurred by the salvor in performance of salvage
operations; |
"wreck"
includes jetsam, flotsam, lagan and derelict found in, or on the shores of, the
sea or any tidal water. |
3. The claims of all persons to abandoned wreck are
hereby barred and the property in all such wreck is hereby vested in Her
Majesty in right of Her Government of The Bahamas except wreck found in any
place where Her Majesty or any of Her Royal Predecessors has granted to any
other person the right to that wreck. | Property in abandoned wreck. |
4. (1) It shall be lawful for the Minister, in any case
in which he deems it to be in the public interest so to do, to enter into an
agreement with any prospector licensing such prospector to prospect for, salve
and bring to shore any abandoned wreck. | Minister may enter agreement with prospector. |
(2) Where in any
case the Minister considers that the finder of any abandoned wreck is not a
suitable person to salve and bring to shore such abandoned wreck or does not
deem it to be in the public interest to enter into an agreement with the finder
of any abandoned wreck under subsection (1) of this section, the Minister may
pay to such finder such reward as he may in each case determine and the
Minister may enter into an agreement with any suitable person to salve and
bring to shore such abandoned wreck. |
(3) Every
agreement under this section shall be entered into between the Minister acting
for and on behalf of the Government of The Bahamas and the prospector concerned
under their respective hands and seals. |
5. (1) The Minister may in any agreement made under the
provisions of section 4 of this Act upon payment of
the prescribed fee, grant to a prospector a licence (which may be exclusive) to
prospect for, work, salve and bring to shore any abandoned wreck within any
defined area of the sea-bed within the limits of The Bahamas for such period as
may be specified in such agreement. | Terms and conditions of agreement. |
(2) Every such
agreement- |
(a) shall
specify what proportion of any abandoned wreck brought to shore (not being less
than one-half of the value of the whole of such wreck) which shall be returned
(subject to the terms thereof) to the prospector; |
(b) may provide
that at the option of the Minister the Government of The Bahamas shall retain
all or any articles recovered upon payment to the prospector of the appraised
value thereof; and |
(c) may specify
what proportion (if any) of the agreed costs of salvage shall be payable by the
prospector and by the Government of The Bahamas respectively. |
(3) It shall be a term
of any such agreement that the prospector shall waive any right of salvage
whatever which might otherwise arise in his favour in consequence of his
bringing to shore any abandoned wreck found within the area specified in such
agreement. |
(4) It shall be a
term of any such agreement that the prospector shall employ such methods and
submit to such measures of inspection and supervision and shall employ such
equipment in and about the salvage of any abandoned wreck as may be required by
the Minister. |
(5) Every such
agreement shall contain provisions for- |
(a) the
revocation of the licence granted thereby; |
(b) the
preservation of the abandoned wreck; |
(c) the
arbitration of all questions and differences arising between the Minister and
the prospector; |
(d) the
interpretation of such agreement according to the laws of The Bahamas; and |
(e) all such
other matters as appear to the Minister to be required in the interests of the
Government of The Bahamas. |
6. Whenever the Minister has entered into an agreement
under section 4 of this Act he shall cause notice thereof to be published in
the Gazette. Such notice shall contain a description of the wreck and of
the marks or features (if any) by which it may be identified. | Notice of agreements to be published in the Gazette. |
7. (1) Every person bringing to shore within The
Bahamas abandoned wreck and whether or not in pursuance of an agreement made
under the provisions of this Act shall forthwith report the same to the
Permanent Secretary and thereafter deposit the same for safe custody in such
place and manner as he may in writing direct. | Custody of abandoned wreck. |
(2) Any person who
fails to comply with the provisions of subsection (1) of this section shall be
guilty of an offence and shall be liable on summary conviction to a
fine not exceeding four thousand dollars or imprisonment for a term not
exceeding two years or to both such fine and imprisonment. |
8. (1) Where it appears to the Minister that any matter
needs to be investigated concerning any wreck within The Bahamas or the
recovery or possession of any articles comprising the same, it shall be lawful
for the Governor-General upon the recommendation of the Minister to appoint by
instrument under his hand a Commissioner of Wreck to investigate such matter
and to submit a report in writing to the Minister. | Governor-General may appoint Wreck Commissioner. |
(2) For the
purpose of making investigations the Commissioner of Wreck shall be invested
with all the powers of a stipendiary and circuit magistrate under the
provisions of the Magistrates Act including the power to subpoena witnesses, to
take and receive evidence upon oath or affidavit, to permit interested parties
(including the Minister) to be represented by counsel, and to conduct the
investigation either in public or in private as the Commissioner shall deem
fit. |
9. (1) Any person claiming that- | Claims of owners to wreck. |
(a) any wreck
is not abandoned wreck; and |
(b) he is the
owner of such wreck |
may apply to
the Supreme Court by originating summons for a declaration his rights in
respect of such wreck and such application shall be supported by such evidence
as the court may require. |
(2) The Minister
shall be a party to all applications under this section and a judge may direct
such other persons to be served with the summons as he may think fit. |
(3) If the court
finds that any wreck is not abandoned wreck and is the property of some person
other than Her Majesty in right of Her Government of The Bahamas, the court may
award salvage to the person or persons responsible for the performance of the
salvage operations in respect of such wreck. |
(4) Any
application under this section shall be made within two months after the
publication in the Gazette of the notice in pursuance of the provisions
of section 6 of this Act. |
10. (1) No person other than a prospector acting under
and in accordance with the terms of an agreement made pursuant to this Act
shall unless thereto specially authorised in writing by the Minister work, take
or bring to shore any abandoned wreck and where under the terms of any such agreement
an exclusive licence has been granted to a prospector in respect of a defined
area of the sea bed within the limits of The Bahamas no person other than such
prospector shall prospect for any abandoned wreck within such defined area. | Penalty for unauthorised persons prospecting, etc. |
(2) Any person who
contravenes any of the provisions of subsection (1) of this section shall be
guilty of an offence and shall be liable on summary conviction to a fine not
exceeding four thousand dollars or to imprisonment for a term not exceeding two
years or to both such fine and imprisonment. |
11. (1) Where the Minister suspects or receives
information that any abandoned wreck is secreted or in the possession of some
person who is not the owner thereof, or that any such wreck is otherwise
improperly dealt with he may cause an application to be made to any magistrate
for a search warrant, and that magistrate shall have power to grant such a
warrant, and a police officer of or above the rank of inspector may by virtue
of such warrant enter any house or other place, wherever situate, and also any
vessel, and search for such wreck, and seize and detain any such wreck there
found. | Warrant may issue in cases of concealment of wreck. |
(2) If any such
seizure of abandoned wreck is made in consequence of information given by any
person to the Minister the informer shall be entitled, by way of reward, to
such sum, not exceeding in any case one-half of the value of such abandoned
wreck as the Minister may allow. |
12. All wreck
found in the possession of any person within The Bahamas shall be deemed to be
abandoned wreck until the contrary is proved to the satisfaction of a
magistrate and any person found in possession of abandoned wreck shall be
presumed to have brought it ashore unless he shall give some satisfactory
explanation of the manner in which it came into his possession. | Presumption where wreck found in possession of any
person. |
13. The Minister may make regulations for carrying
into effect the purposes and provisions of this Act. | Regulations. |