Announcement of law on addition to strandings law of 10. April 1895
Hereby promulgated law on addition to strandings law of 10. April 1895, see. lovbekendtgørelse nr. 625 of 15. September 1986, with the changes imposed by § 21 (1). 2 of law No. 108 of 5. March 1988, article 17 of Act No. 542 of 24. June 2005 and section 8 of Act No. 538 of 8. June 2006.
§ 1. Upon recruitment of strandfogder on the open coast, during, incidentally, just title, fishing-or søkyndige people mainly to take into account.
§ 2. It should be anyone who either have Danish citizenship or have resided in this country for at least 2 years, allowed without previous notification to Darryl, everywhere in the waters around the Danish coasts to record address, on the seabed lying wreck pieces and other pieces of gods as well as coal lost individually, there is a draft from the ship, however, without prejudice to the owner's preference to themselves to make or arrange for salvage. It is prohibited by the work to include the said objects to make any reduction in the depth of the site, without prior thereto to have erholdt Defense Ministry's permission.
§ 3. The person in accordance with § 2 recorded a subject from the seabed, shall, not later than the following day make notification thereof to the resort's Police Director, accompanied by the statement about whether he has complied with the prohibition in paragraph must end against dybdens reduction. Reporting on this notification and statement are submitted by Police Director for the Ministry of defence.
(2). Police Director, estimates that the subject-matter, possibly in connection with the other simultaneously or gradually from same place recorded objects, can cover the costs of public announcement, and that this situation has any prospect of with utility that can happen, he initiates such Ordinance accordingly, insofar as he is not otherwise can bring the message about found to correct his or her knowledge. Joins the owner himself, denied that with extradition to him and with costs and concerning law of strandings 10 after. April 1895 § 12, however, that in the last paragraph referred to paragraph must be brought against the police action Director, and to recover wage regular will be able to be set to half of the value. Joins the owner not within 2 months of the notification to the Police Director or, if the Ordinance is drawn up after the last notice, accrue to the recorded Finder against payment of the costs incurred.
(3). Police Director, to find a to him happened review rightfully concerns an article 10 falling during this event, he instructs the notifier without delay to go forward after this article and shall ensure that this happens.
§ 4. (Omitted)
§ 5. Fishing boats, fishing gear, lockers and similar to fishing, fish processing and canning of fish trade or related articles after being lost for Danish owners recover on the foreshore, handed over to the owners for free available when these police Director certifying their eligibility, without other expense than a Police Director provided cheap compensation for salvage.
§ 6. When a ship is sunk or stranded in the waters referred to in section 2 under such circumstances that the wreck is a danger or significant disadvantage for shipping or fishing, shall be the responsibility of the Ministry of defence, as soon as it has come to the knowledge of such shipwrecks, wreck marked, provided this is deemed necessary, and not everything has made such private buoy. The Ministry inform withal query to the owner or his representative or the person entitled to the wreck on whether or not he or she will be made of the salvage effort in the face of the wreck. At the same time with this question expressed it the or the, what water depth over the wreck to be mobilized, and within what period the wreck must be rendered harmless.
(2). The Ministry has been unable to come to the knowledge of who is the owner of or is otherwise entitled to the wreck, or they will not even defuse wreck in accordance with the Ministry's statement, or is this not properly made within the prescribed period, the Ministry of defence can even let wreck defuse.
(3). Similarly, the Ministry of defence under utterly urgent circumstances, when it is in the interest of its dangerousness is considered indispensable, when necessary, immediately after the beach or sinking let wreck defuse.
§ 7. For the costs of the measures carried out by the public sector (see section 6), the owner of the ship shall be liable as well as the owner of the cargo or other objects, insofar as such after their nature even form the danger or significant disadvantages for shipping or fishing. The owner of the ship shall be liable with the limitation provided for in sølovens 4. Chapter 1), the owner of other articles with these, but not personally. The public has right of first refusal in the mentioned articles for all other claims.
(2). Lets the Defense Department make arrest in the mentioned objects, beings prosecution of jail by court on strandings instead. The Defense Ministry has even allowed the wreck defuse, and hereby salvaged something by ship or equipment, the Defense Ministry has the right to, without arrest or other criminal prosecutions to be covered in its proceeds after letting it salvaged sell by public auction.
§ 8. (Repealed)
§ 9. Will someone other than the owner or the person entitled to the ship make salvage attempt in the face of a ship is sunk or stranded in the waters referred to in paragraph 2, he shall obtain a permit from the Ministry of Defence thereto. If the salvage by anyone else are not forthcoming (see section 6), and the Ministry of defence does not even intend to organise salvage, the Ministry shall notify the authorization on the of this for each case, the conditions laid down in such a way that such security may be required in advance, as the Ministry deems necessary for compliance with the requirements. In this Security Ministry without prosecution can seek coverage for costs in shipping, fisheries, or the State's coastguard and coastguard be kers interest must be held because of irresponsible relationship from the bjærgendes page.
(2). The above rules also apply to the owner or the person entitled to the ship, when he after the expiry of the time limit laid down by the Ministry of uskadeliggørelsen (see section 6) will make this recovery effort in the face of the wreck, just as they apply to anyone who would make such attempts against wrecks that have previously been subjected to salvage.
(3). In addition comes the provisions of §§ 6-7 also apply in the cases referred to here.
§ 10. Are there on the ocean floor collections of optional load objects that are removed from the ship, which they have heard, have the person will recover such that the notification in accordance with forordn. of 16. March 1842 § 2 of the State Administration (Police Director), who can announce exclusive rights for up to 1 year for salvage on the conditions in that article ommeldte, which always needs to hear that rather clearly marked-in which respect detailed rules can be given and that the salvage continued without ufornødne interruptions. On the grant of such an exclusive right shall be the responsibility of the competent authority at the expense of the notifier Ordinance in the on-site predominant leaves, and on receipt of any notification under this article shall be carried out reporting to the Ministry of defence. Find this Ministry in shipping or fishing interest to inform the recorder of such objects of specific instructions or to require safety tabled by him, such request must be complied with.
(2). Breach of the conditions of a granted exclusive rights, that of the State Administration (Police Director) be declared delinquent, for which notice is done on the salvor's expense in the same way as if the exclusivity announcement. In this case, as well as when any exclusive rights are expired, bjærgeren is committed to uopholdelig to remove the marking made by him that otherwise will be to remove by public action at his expense.
(3). In security, made by bjærgeren, in accordance with the provision of the Defence Ministry or the State Administration (Police Director) without prosecution sought coverage for expenses, damage the public knows his unsafe conditions.
§ 11. With the salvaged ship or cargo treatment there, with those of this law relaxations, after the liquid so far current regulations. However, shortened the strandings in § 10 prescribed period of 1 year to 6 months, which period must also apply in the case of forordn. of 16. March 1842 § 3 cases referred to.
§ 12. It is prohibited without permission from the Ministry of Justice to put ship because in the end, to obtain treatment in accordance with the rules of stranded cargo of the wreck (artificial strandings), although people do not thereby endangered. Permission can be given against that, at his or her expense, to whom the permission granted, the necessary measures are taken in order to avert that human lives are put in danger, and that the wreckage will be to prevent fishing and navigation.
§ 13. Any Police Director, who comes to the knowledge of the shipwreck or the stranding within its jurisdiction and shall notify as soon as possible to give the Ministry of defence.
(2). Any leads of Danish ship shall as soon as possible to the Defence Ministry do review whether, when he in Danish waters take sunk or drifting wreck.
§ 14. Violation of § 2, 2. paragraph, section 3, § 9, § 10, section 12 or section 13, paragraph 2, or under section 9 or section 10 stipulated conditions or requirements is punishable by a fine, unless heavier penalty is inflicted upon the rest of the legislation. In so far as the offence consists in interference with another person's exclusive rights, it can know the verdict determined that it salvaged shall accrue to the injured. For violation of the injunction, review in section 10, however, is not the one punished under section 3 have made timely notification to the Police Director, the when he takes his reference without delay to proceed under section 10 to follow.
§ 15. This law does not apply to the Faroe Islands, does not affect private property owners ' legal powers forstrands.
(2). It has its forblivende by the rules of the law of 22. December 1876 about stock of anchors, ankertov and other shipping tool, etc.
(3). The provisions in the regulation of 16th. March 1842 concerning diving services, etc. shall be repealed in so far as they are inconsistent with this law.
The Ministry of Justice, the 10. August 2009 Brian M/Anette Arnsted Official notes 1) Liability limitation rules in søloven of the basic regulation. lovbekendtgørelse nr. 538 of 15. June 2004, as amended, appears now on Chapter 9.