Shipwreck

Some legal systems regard a wreck (and/or its cargo) to be abandoned if no attempt is made to salvage them within a certain period of time. English law has usually resisted this notion (encouraged by an extremely large maritime insurance industry, which asserts claims in respect of shipwrecks which it has paid claims on), but is has been accepted to a greater or lesser degree in an Australian case and in a Norwegian case. The American courts have been inconsistent between states and at Federal level. Under Danish law, all shipwrecks over 150 years old belong to the state if no owner can be found. In Spain, wrecks vest in the state if not salvaged within 3 years. In Finland, all property on board shipwrecks over 100 years old vests in the state.
The British Protection of Wrecks Act, enacted to protect historic wrecks, controls access to wrecks such as Cattewater Wreck which can only be visited or investigated under licence. The British Protection of Military Remains Act 1986 also restricts access to wrecks which are sensitive as war graves. The Protection of Military Remains Act in some cases creates a blanket ban on all diving; for other wrecks divers may visit provided they do not touch, interfere with or penetrate the wreck. In the United States, shipwrecks in state waters are regulated by the Abandoned Shipwrecks Act of 1987. This act is much more lenient in allowing more open access to the shipwrecks.
Following the beaching of the MSC Napoli, as a result of severe damage incurred during European windstorm Kyrill, there was confusion in the press and by the authorities about whether people could be prevented from helping themselves to the flotsam which was washed up on the beaches at Branscombe. Many people took advantage of the confusion and helped themselves to the cargo. This included many BMW motorbikes and empty wine casks as well as bags of disposable nappies (diapers). The legal position under the Merchant Shipping Act 1995 is that any such finds and recovery must be reported within 28 days to the Receiver of Wreck. Failure to do so is an offence under the Merchant Shipping Act and can result in a criminal record for theft by finding. After several days, the police and Receiver of Wreck, in conjunction with the landowner and the contracted salvors, established a cordon to prevent access to the beach. A similar situation occurred after the wreck of the MV Cita in 1997.