Protection of Military Remains Act 1986 facts for kids
The Protection of Military Remains Act 1986 is a law in the United Kingdom. It helps protect the wreckage of military planes and certain military ships. This law makes sure these sites, especially where people lost their lives, are treated with respect.
The Act creates two main types of protected areas: protected places and controlled sites. Military aircraft wreckage is automatically protected. But ships need to be officially chosen and listed to get protection. The main goal is to protect these sites as a 'war grave', which means they are the last resting place for service members. This protection applies even if the loss happened during peacetime, not just war.
Since 2002, the government has officially listed many wrecks under this Act. As of September 2019, 93 wrecks are protected places. This means divers can visit them, but they must follow a strict rule: look, don't touch. Thirteen wrecks are "controlled sites," where diving is usually not allowed at all. These include a German submarine.
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How the Act Protects Military Remains
The Protection of Military Remains Act has two main ways to protect sites: protected places and controlled sites. The main reason for protecting these sites is to respect the memory of British service members, and others, who died there.
Even though these sites are often called "war graves," they are not managed by the Commonwealth War Graves Commission. Also, the Act protects sites even if the loss happened during peacetime, not just during war.
All military aircraft wreckage is automatically protected. This includes planes from the UK or other countries that crashed in the UK, its waters, or waters controlled by the UK. This protection applies whether people died or not, and whether it was during war or peace. UK military aircraft are also protected by this Act anywhere else in the world.
Protected Places: Look, Don't Touch
Wrecks can be named as protected places even if their exact location isn't known yet. For example, a British military aircraft wreck is automatically a protected place, even if it hasn't been found.
Shipwrecks need to be officially listed. For ships, protection as a protected place only applies to those that sank after August 4, 1914. This date marks the start of the First World War for the UK.
It is against the law to mess with a protected place. You cannot disturb the site or take anything from it. Divers can visit these sites, but the rule is clear: look, don't touch and don't go inside. This law applies worldwide, but outside the UK, it mainly affects British citizens or ships landing in the UK.
The first and only licence for a protected place was given to Mike Williams. He worked on a project to remember the 75th anniversary of the M2 submarine loss. This included placing a white ensign flag underwater.
Controlled Sites: No Diving Without Permission
Controlled sites must be officially listed by their exact location. These sites contain remains of aircraft or ships that crashed or sank within the last 200 years.
It is illegal to do any work, including diving or digging, at a controlled site without a special licence. This licence must come from the Ministry of Defence. Licences have been given for digging up aircraft, but only if no human remains or unexploded bombs are expected to be there.
For sunken ships, the Ministry of Defence's own diving teams usually handle any necessary work. This includes recovering human remains or sealing openings in the wrecks. Controlled sites at sea are marked on admiralty charts (special maps for sailors) and often have a buoy (sea mark) marking their spot.
Protecting Aircraft Wrecks
In the 1970s, many people started digging up military aircraft crash sites. Some were just looking for souvenirs, while others were searching for valuable military items. The Ministry of Defence first said they didn't claim ownership of crashed planes. But later, they changed their mind. They said they owned both British and German wrecks. They warned that digging without permission was illegal.
These activities, along with finding human remains and live bombs, led to the Protection of Military Remains Act in 1986.
Since the Act was passed, investigators can get licences to dig up sites. But they must meet certain rules. The person applying must have researched the crash well. They need to know about the aircraft and what happened to the crew. This research then belongs to the Ministry of Defence. The landowner must also give permission.
Any items found must be reported to the Ministry of Defence. Personal items of the aircrew are usually returned to their families. Important military items might go to the Royal Air Force Museum. Licences are not given for sites where unexploded bombs are likely. Also, the Ministry of Defence usually doesn't give licences if human remains are expected to be found.
Many aircraft were lost in the sea off England's South and East Coasts during the Second World War. These areas are important for sand and gravel dredging. If aircraft remains are found during dredging, the work must stop. An exclusion zone is then set up around the wreck. Disturbing these wrecks is a concern because of possible human remains and damage to important historical sites.
Why Wrecks Are Protected
After a lot of discussion in 2000-2001, the Ministry of Defence decided to regularly check all known British military wrecks. The goal is to decide which ones need protection.
Being named a controlled site only happens in waters controlled by the UK. Wrecks that are considered dangerous will be named controlled sites. For a wreck to be a controlled site, it must have sunk within the last 200 years. For protected places, the wreck must have been lost after August 4, 1914.
The Ministry of Defence looks at several things when deciding to protect a wreck:
- Is the wreck the last resting place of service members?
- Has the wreck been disturbed or looted a lot? Will protection stop this?
- Does diving on the wreck cause public concern?
- Is the wreck historically important?
If a protected place is disturbed a lot, it might be changed to a controlled site.
History of Protecting Wrecks
The Act was passed in 1986. This was partly because people were worried about military aircraft being dug up. There was also public concern about sunken military ships. After the Falklands War, many people felt that maritime war graves should be left untouched.
Some ships that caused concern included HMS Hampshire. It was claimed that divers had taken personal items from the dead. Also, the British Government allowed the salvage of HMS Edinburgh without respecting the human remains inside. The Act immediately protected aircraft wrecks. But shipwrecks needed to be individually listed to be protected.
First Wrecks Protected
By the year 2000, many diver groups and survivor associations were worried. A small number of divers were disturbing wrecks that most people felt should be respected. In 2000, diving groups like BSAC and PADI launched a "Respect our Wrecks" code of conduct. Its main message was look, don't touch.
The first official protections under the Act happened in 2002. The government announced 16 controlled sites and five protected places. This included four Falkland wrecks: HMS Ardent, HMS Antelope, HMS Coventry, and HMS Sheffield. However, only 11 controlled sites were listed at first, and the Falkland wrecks were not included yet. HMS Prince of Wales and HMS Repulse were among the ships protected. HMS Ardent and HMS Antelope were already protected by an older law from 1983. HMS Coventry and HMS Sheffield were protected later in 2006.
More Wrecks Protected, Including Battle of Jutland Ships
On May 31, 2006, the 90th anniversary of the Battle of Jutland, 14 British ships lost in that battle were named as protected places. This new list, called the 'second tranche', started on November 1, 2006. It re-listed the old wrecks and added 29 more protected places and one controlled site (the SM UB-81 submarine). HMS Sheffield was also added as a protected place.
The Storaa Case and More Protections
The SS Storaa was a merchant ship sunk by a German torpedo in 1943. It was part of a military convoy. Royal Navy sailors and merchant seamen died on board.
The daughters of one of the men who died asked the Ministry of Defence to protect the wreck. The Ministry refused, saying it was a merchant ship and not eligible. The daughters took the case to court. The court decided that the Act could apply to merchant vessels. This meant the Ministry had to think again about protecting the Storaa. The wreck was later protected in 2008.
The 'third tranche' of protections started on May 1, 2008. It re-listed the old wrecks and added 10 more protected places. These included the first merchant ships to be protected: SS Storaa and the Atlantic Conveyor. The Atlantic Conveyor was used as a transport ship in the Falklands War.
