1.5. Legal Terms and Responsibilities

  1. Marine Scotland Act 2010
  • The marine historic assets of national importance within Scottish territorial waters are protected primarily by the Marine Scotland Act 2010, in particular Part 5 Section 73. This states that an area may be designated as a HMPA if Scottish Ministers consider it desirable to preserve a marine historic asset which is located in the area. The purpose of Historic Marine Protected Area (HMPAs) is to preserve by law, marine historic assets of national importance. There is no requirement for specific permission to carry out work inside a HMPA, however permission under the Town and Country (Scotland) Planning Act (1997) or a ML under the Marine and Coastal Access Act (MCAA) 2009, or a Marine Licence (ML) under the Marine (Scotland) Act 2010 for the part of the offshore export cables which is within 12 nm of the coast or both) may be required. Clear preservation objectives are provided for each HMPA and their boundaries are identified as an exclusion zone to activities that could lead to disturbance of the marine historic asset.
  1. Merchant Shipping Act 1995
  • This Act is not a form of designation, but will affect offshore renewable energy schemes if, during SIs or construction, any material is recovered which falls within the definition of ‘wreck’. All wreck has an owner, and the Merchant Shipping Act sets out the procedure for returning recovered wreck to the owner or their successor. The RoW must be notified of all recovered wreck landed in the United Kingdom (UK) and will seek to identify the original owner so that it can be claimed. Ownership of unclaimed wreck from within territorial waters vests in the Crown or in a person to whom rights of wreck have been granted. Unclaimed wreck from beyond territorial waters is returned to the finder. The RoW has a duty to ensure that finders who report wreck receive an appropriate salvage payment. In the case of material considered to be of historic or archaeological importance, a suitable museum will be asked to purchase the material at the current market valuation. The finder will receive the net proceeds of the sale as a salvage payment. If the right to, or the amount of, salvage cannot be agreed, either between the owner and finder or between competing salvors, the RoW will hold the wreck until the matter is settled, either through amicable agreement or by court judgement.
  1. Protection of Military Remains Act 1986
  • The primary purpose of The Protection of Military Remains Act is to protect the resting places of military personnel from unauthorised disturbance. It allows the MOD to protect vessels and aircraft that were in military service when they were lost or wrecked. The MOD can designate any such named vessel lost after 04 August 1914 as a ‘protected place’ even if the position of the wreck is not known. In addition, the MOD can designate a ‘controlled site’ any such wreck whose position is known. Access is not prohibited at a ‘protected place’, but it is an offence to tamper with, damage, move or remove items from such a wreck without a licence. However, access, salvage and excavation are all prohibited on ‘controlled sites’, except where a licence for restricted activities has been obtained from the MOD. The remains of all aircraft that have been lost in military service are automatically classified as ‘protected places’ by the Act.
  1. The Treasure Act 1996
  • The Act is supplemented by the Treasure (Designation) Order 2002. Finders of gold and silver objects (over 300 years old) and some base metal assemblages (prehistoric) as defined in the Act are required to report such finds by contacting the coroner and delivering the items for hand over as per the coroners’ instructions. The Act and the Order apply to objects found in or on land, in buildings (whether currently occupied or ruined), in rivers and lakes and on the foreshore (area between MHWS and MLWS) on beaches and tidal riverbanks), provided that the object does not come from a wreck.
  1. Ancient Monuments and Archaeological Areas Act 1979
  • Monuments that are of national importance within UK territorial waters can be protected by being added to the schedule of monuments protected under this Act. It is an offence to damage or carry out a range of specified activities on such a ‘scheduled monument’, unless a licence for these activities has been obtained from the relevant authority, in the form of ‘scheduled monument consent’. Monument can mean, among other things, the site of any vehicle, vessel, aircraft, or other structure. It also refers many types of archaeological site in the traditional sense.

1.6. Guidelines for Identifying Finds of Archaeological Interest and Handling Artefacts

1.6.1. Materials Guidelines

                        Rubber, plastic, etc.

  1. In most cases, rubber, plastic, bakelite and similar modern materials are not of archaeological interest and can be disregarded. One exception is where such materials are found in the same area as aluminium objects and structures, which may indicate aircraft wreckage from World War II. Such material should be reported.

                        Iron and steel

  1. The potential range and date of iron and steel objects is so wide that it is difficult to provide general guidance. In broad terms, iron and steel objects which are covered by a thick amorphous concrete-like coating (‘concretion’) are likely to be of archaeological interest and should be reported. Pieces of metal sheet and structure may indicate a wreck and should be reported. Specific operational measures are likely to apply in respect of ordnance (e.g. cannonballs, bullets, shells) which should take precedence over archaeological requirements. However, discoveries of ordnance may be of archaeological interest, and they should be reported.

                        Other metals

  1. Items made of thin, tinned, or painted metal sheet are unlikely to be of archaeological interest. Aluminium objects may indicate aircraft wreckage from World War II, especially if two or more pieces of aluminium are fixed together by rivets. Copper and copper alloy (bronze, brass) objects might indicate a wreck, or they may be very old. Precious metal objects and coins are of archaeological interest because they are relatively easy to date. All occurrences should be reported.

                        Bone

  1. Discoveries of animal bone, teeth and tusks are of archaeological interest because they may date to periods when the seabed formed dry land and should be reported. Such bones, teeth, tusks etc. may have signs of damage, breaking or cutting that can be directly attributed to human activity. Large quantities of animal bone may indicate a wreck (the remains of cargo or provisions) and should be reported. Human bone is of archaeological interest, and may, if buried and found within the territorial waters, be subject to the provisions of the Burial Act 1857. Any suspected human bone should be reported and treated with discretion and respect. Objects made from bone – such as combs, harpoon points or decorative items – can be very old and are of archaeological interest. All occurrences should be reported.

                        Wood

  1. Light coloured wood, or wood that floats easily, is probably modern and is unlikely to be of archaeological interest. ‘Roundwood’ with bark – such as branches – is unlikely to be of archaeological interest, although it may provide palaeoenvironmental evidence. However, roundwood that has clearly been shaped or made into a point should be reported. Pieces of wood that have been shaped or jointed may be of archaeological interest, especially if fixed with wooden pegs, bolts, or nails – all occurrences should be reported. Objects made from dark, waterlogged wood – such as bowls, handles, shafts and so on – can be very old and are of archaeological interest. All occurrences should be reported.

                        Stone

  1. Small to medium size stones that are shaped, polished and/or pierced may be prehistoric axes. All occurrences should be reported. Objects such as axe heads or knife blades made from flint are of prehistoric date and should be reported. Large blocks of stone that have been pierced or shaped may have been used as anchors or weights for fishing nets. All occurrences should be reported. The recovery of numerous stones may indicate the ballast mound of a wreck, or a navigational cairn. All occurrences should be reported.

                        Pottery

  1. Any fragment of pottery is potentially of interest, especially if it is a large fragment. Items which look like modern crockery can be discarded, but if the item has an unusual shape, glaze, or fabric it should be reported.

                        Brick

  1. Bricks with modern proportions and v-shaped hollows (‘frogs’) are of no archaeological interest. Unfrogged, ‘small’, ‘thin’ or otherwise unusual bricks may date back to Medieval or even Roman times and should be reported.

                        Peat and clay

  1. Peat is black or brown fibrous organic material that was deposited when sea level was so low that the modern seabed formed marshy land, for example on the banks of a river or estuary. The peat is made up of plant remains and contains microscopic remains that can provide information about the environment at the time it was formed. Prehistoric structures (such as wooden trackways) and artefacts are often associated with wetland areas where peat may have formed. In some rare instances archaeological material has been found within peat samples (moorlog) recovered from the North Sea seabed. Fine-grained sediments such as silts and clays are often found at the same places as peat. Any discoveries of such material could be of archaeological interest, and their occurrence should be reported.

1.6.2. Artefact Storage Advice

  1. It should be noted that ‘time is of the essence’ in terms of the recovery of waterlogged archaeological material. If waterlogged organic items dry out this can cause irreparable damage. Care in handling items is paramount.
  2. In the event of artefact recovery, the finds should be stored in the following manner:
  • If dry, finds should be placed in zip-lock bags and/or stored in a suitable protective container in a cool, dark area if possible.
  • If waterlogged, any artefacts should be kept damp, or preferably totally submerged (in sea water), in zip-lock bags which are then stored in ridged plastic boxes to prevent damage. Items should be kept wet, covered, and stored in a cool, dark area if possible, and protected from any damage to potentially delicate waterlogged material.
  • Any sediments of interest will be collected and double bagged into zip-lock bags.
  • If particularly delicate or significant items are recovered the RA should be contacted for further advice.
  1. The Applicant will supply suitable storage materials to its construction operations. The RA can advise on suitable materials for this purpose. All retained finds will then be processed in accordance with the Chartered Institute for Archaeologists Standard and guidance for the collection, documentation, conservation, and research of archaeological material (CIfA, 2014).