CAP. 235, ABANDONED WRECK ACT BELIZE
ABANDONED WRECK ACT CHAPTER 235
REVISED EDITION 2000 SHOWING THE LAW AS AT 31ST DECEMBER, 2000
This is a revised edition of the law, prepared by the Law Revision Commissioner under the authority of the Law Revision Act, Chapter 3 of the Laws of Belize, Revised Edition 1980 - 1990.
This edition contains a consolidation of the following laws- Page
ARRANGEMENT OF SECTIONS 3
ABANDONED WRECK ACT 4 Amendments in force as at 31st December, 2000.
BELIZE
ABANDONED WRECK ACT CHAPTER 235
REVISED EDITION 2000 SHOWING THE LAW AS AT 31ST DECEMBER, 2000
This is a revised edition of the law, prepared by the Law Revision Commissioner under the authority of the Law Revision Act, Chapter 3 of the Laws of Belize, Revised Edition 1980 - 1990.
This edition contains a consolidation of the following laws- Page
ARRANGEMENT OF SECTIONS 3
ABANDONED WRECK ACT 4 Amendments in force as at 31st December, 2000.
THE SUBSTANTIVE LAWS OF BELIZE REVISED EDITION 2000 Printed by the Government Printer,
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CHAPTER 235
ABANDONED WRECK
ARRANGEMENT OF SECTIONS
1. Short title.
2. Interpretation.
3. Vesting in the Government of Belize of all abandoned wreck.
4. Abandoned Wreck Authority.
5. Minister may enter agreement with prospector.
6. Terms and conditions of agreement.
7. Notice of agreement to be published in the Gazette.
8. Custody of abandoned wreck.
9. Minister may appoint Wreck Commissioner.
10. Claims of owners of wreck.
11. Offences and penalties.
12. Warrant may issue in cases of concealment of wreck.
13. Presumption where wreck found in possession of any person.
14. Regulations.
15. Wrecks and Salvage Act not to apply to abandoned wreck.
16. Application.
CHAPTER 235
ABANDONED WRECK
[17th April, 1990]
1. This Act may be cited as the Abandoned Wreck Act.
2. In this Act, unless the context otherwise requires:-
“abandoned wreck”’ means any wreck which has remained continuously upon the sea bed within the limits of the country of Belize for a period of fifty years or upwards before being brought to shore;
“Authority” means the Abandoned Wreck Authority established under sec- tion 4 of this Act;
“Minister” means the Minister for the time being responsible for Archaeology;
“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 the perfor- mance of salvage operations;
Short title.
Interpretation.
CAP. 196A, R.E. 1980-1990. 7 of 1990.
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“wreck” includes jetsam, flotsam, lagan and derelict found in, or on the shores of, the sea or any tidal water, and any other article found in such wreck.
3. All abandoned wreck, however situate, whether upon any land or in any river, stream or water course or under the territorial waters of Belize, vest ab- solutely in the Government of Belize.
4.-(1) There shall be established an authority to be known as the “Abandoned Wreck Authority” which shall be composed of the following-
(a) the Chief Executive Officer to the Ministry responsible for the Environment, who shall be the Chairman;
(b) the Director of Museums;
(c) the Fisheries Administrator;
(d) the Harbour Master; and
(e) four other persons appointed by the Minister.
(2) The Authority shall advise the Minister on all matters relating to marine archaeology and the salvaging of abandoned wreck.
(3) The members referred to in subsection (1) (e) above-
(a) shall hold office for such period as may be specified in the instruments appointing them;
(b) may be removed at any time by the Minister for good and sufficient cause;
Abandoned Wreck Authority.
Vesting in the Government of Belize of all abandoned wreck.
(c) may be paid such fees for their services as the Minister of Finance may determine.
(4) Subject to the provisions of this Act, the Authority may regulate its own procedure.
5.-(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, and after consultation with the Authority, to enter into an agreement with any prospector licensing such prospector to pros- pect for, salve and bring to shore any abandoned wreck.
(2) Where in any case the Minister considers or is advised by the Authority that the finder of any abandoned wreck is not a suitable person to salve and bring to shore such abandoned wreck, or the Minister 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, after consultation with the Minister of Finance in each case, determine and the Minister may enter into an agree- ment 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 Belize and the prospector concerned under their respective hands and seals.
(4) Every person who applies to enter into an agreement with the Min- ister under the provisions of this section shall pay to the Government of Belize in advance such fee, not being less than five thousand dollars, as may be specified by the Minister by regulations made under this Act.
6.-(1) The Minister may, in any agreement made under the provisions of sec- tion 5 of this Act, grant to a prospector a licence to prospect for, work, salve and bring to shore any abandoned wreck within any defined area of the sea bed within the limits of Belize for such period as may be specified in such
Terms and condi- tions of agreement.
Minister may enter into agreement with prospector.
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agreement.
(2) Every such agreement-
(a) shall specify what proportion of any abandoned wreck brought to shore shall be returned (subject to the terms thereof) to the prospector;
(b) may provide that at the option of the Minister, the Govern- ment of Belize shall retain all or any articles recovered upon payment to the prospector of the due percentage 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 Govern- ment of Belize respectively.
(3) It shall be a term of every such agreement that the prospector shall waive any right of salvage whatsoever 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 every such agreement that the prospector shall employ such methods and submit to such measures of inspection and supervi- sion and shall employ such equipment in and about the salvage of any aban- doned wreck as may be required by the Minister after consultation with the Authority.
(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 in Belize of all questions and differences arising between the Minister and the prospector;
(d) the interpretation of such agreement according to the laws of Belize; and
(e) all such other matters as appear to the Minister to be required in the public interest.
(6) It shall be a term of every such agreement that a duly qualified and experienced public officer designated by the Minister shall be present at all stages of the salvage of any abandoned wreck.
7. Whenever the Minister has entered into an agreement under section 5 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.
8.-(1) Every person bringing to shore within Belize 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 Chairman of the Authority and thereafter deposit the same for safe custody in such place and manner as the said Chairman, with the approval of the Minister, may direct in writing.
(2) Any person who fails to comply with the provisions of subsection (1) of this section commits an offence and shall be liable on summary convic- tion to a fine not exceeding one hundred thousand dollars or imprisonment for a term not exceeding two years, or to both such fine and term of imprison- ment, and in addition all such abandoned wreck shall be forfeited.
9.-(1) Where it appears to the Minister that any matter needs to be investi- gated concerning any wreck within Belize or the recovery or possession of any articles comprising the same, he may appoint by instrument a Commis- sioner of Wreck to investigate such matter and to submit a report to him in
Notice of agreement to be published in the Gazette.
Custody of aban- doned wreck.
Minister may appoint Wreck Commissioner.
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writing.
(2) For the purpose of making investigations, the Commissioner of Wreck shall have all the powers of a magistrate, including the power to sub- poena witnesses, to take and receive evidence upon oath or affidavit, and to conduct the investigation either in public or in private as the Commissioner shall deem fit.
10. -(1) Any person claiming that-
(a) any wreck is not abandoned wreck; and
(b) he is the owner of such wreck,
may apply to the Supreme Court for a declaration of 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 the Government of Belize, 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 7 of this Act.
11.-(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
Offences and penalties.
Claims of owners of wreck.
abandoned wreck.
(2) Any person who contravenes any of the provisions of subsection (1) of this section commits an offence and shall be liable on summary convic- tion to a fine not exceeding ten thousand dollars or to imprisonment for a term not exceeding two years, or to both such fine and term of imprisonment.
(3) Every prospector whose failure or negligence to comply with the terms of the agreement as specified in subsection (4) of section 6 of this Act results in any damage to or destruction of the reef commits an offence and shall be liable on summary conviction to a fine not exceeding one hundred thousand dollars or imprisonment for a term not exceeding two years or to both, and in addition all such equipment employed by him in the salvage op- eration which occasioned such damage or destruction as aforesaid shall be forfeited.
12.-(1) Where the Minister suspects or receives information that any aban- doned wreck is secreted or is 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.
(2) If any such seizure of abandoned wreck is made in consequence of information given by any person to the Minister, the Minister may, after con- sultation with the Minister of Finance, grant to the informer by way of reward such sum not exceeding twenty-five per centum of the value of the said wreck as he may determine.
13. All wreck found in the possession of any person within Belize 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
Warrant may issue in cases of con- cealment of wreck.
Presumption where wreck found in poses- sion of any person.
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be presumed to have brought it ashore unless he shall give some satisfactory explanation of the manner in which it came into his possession.
14. The Minister may make regulations for the better carrying out of provi- sions of this Act, including the prescribing of forms and other things that need to be prescribed.
15. The Wrecks and Salvage Act shall not apply to any abandoned wreck as defined in this Act.
16. This Act shall apply to all abandoned wreck notwithstanding anything contained in the Ancient Monuments and Antiquities Act.
Regulations.
Wrecks and Salvage Act not to apply to abandoned wreck. CAP. 237.
Application. CAP. 330.
