Merchant Shipping (Salvage and Wreck) Act, 1993

Duties of finder of wreck.

44.—(1) If any person finds or, not being a receiver for the district concerned, takes possession of any wreck in the State or finds and takes possession of any wreck outside the State and brings it into the State that person shall—

(a) if being the owner of the wreck give notice to the said receiver for the district concerned in which the wreck is found or into which the wreck is brought stating that he has found or taken possession of it, and describing the marks which distinguish it,

(b) if not being the owner of the wreck as soon as possible deliver it to the receiver for the district concerned.

(2) Any person who fails, without reasonable excuse, to comply with subsection (1), shall—

(a) be guilty of an offence,

(b) if that person is not the owner of the wreck forfeit any claim to salvage, and

(c) be liable to pay twice the value of the wreck to the owner if it is claimed or, if it is unclaimed, to the receiver on behalf of the State and the amount so payable shall be recoverable in the same manner as a simple contract debt in any court of competent jurisdiction.

(3) If any person conceals or, in the case of a person not being the owner of the wreck, keeps possession of any wreck to which subsection (1) applies or refuses to deliver any such wreck to a receiver for the district concerned or to any person authorised by such a receiver to demand the same, that person shall be guilty of an offence.

(4) Any member of the Garda Síochána may take any wreck to which subsection (1) relates, if necessary by force, from any person who refuses to deliver it to a receiver of the district concerned and so deliver it to the receiver.

(5) Nothing in subsection (4) shall operate to prejudice any power of search or to seize or detain property which may be exercised by a member of the Garda Síochána apart from this section.