Guidance for Licence Applications

General Considerations

Before issuing a licence to investigate an historic wreck designated under the Protection of Wrecks Act 1973, the Secretary of State for Culture, Media & Sport (for English wrecks) and the relevant Devolved Administrations (for wrecks in Scotland, Wales and Northern Ireland waters) will wish to know why an applicant wishes to do so and, where any work is proposed, what is intended to result from that work.

Best Practice

The UK Government has adopted the Annex to the UNESCO Convention on the Protection of the Underwater Cultural Heritage 2001 as best practice for archaeology. This Annex comprises a series of ethical rules concerning activities directed at underwater cultural heritage which provide objective standards by which to judge the appropriateness of actions in respect of archaeology underwater. Licensees and Nominated Archaeologists must have due regard to the general principles of the Annex.

When Applying for Licences

The following sections detail the application requirements for English Designated Wreck Sites. Additionally, please download the Protection of Wrecks Act: Guidance for Divers and Archaeologists (English Heritage).

It is particularly important that where intrusive investigation of a wreck site is proposed, that a detailed plan and explanation is produced in the form of why (a research design) and what (a project design).

In each case, all applicants should address the following issues as part of their licence application:

Reasons for undertaking the project;
Aims and objectives;
Projected timetable (and consequent implications of ACHWS meeting timetable);
Project personnel and/or named divers (including qualifications, experience and project responsibilities);
Safety policy (including approved diving code of practice, vessel features, and boat handling).

To apply for a Visitor Licence all of the above and the following additional issues must be considered:

Collaborating organisations;
Visitor scheme proposal;
Publicity plans.

To apply for a Survey Licence all of the above and the following additional issues must be addressed:

Fieldwork strategy and methodology;
Recording system;
Equipment to be used;
Research and analysis;
Publicity and publication plans;
Eventual deposition and curation of records/project archive.

To apply for a Surface Recovery Licence all of the above and the following additional issues must be addressed:

Find and sample recovery procedures;
Immediate and long-term conservation arrangements;
Eventual deposition and curation of recovered material.

To apply for an Excavation Licence all of the above and the following additional issues must be addressed:

A clear articulation of the overarching research framework;
Comprehensive site plans with proposed trenches indicated;

And close attention should be paid to:

Find and sample recovery procedures;
Immediate and long-term conservation arrangements;
Eventual deposition and curation of recovered material and the project archive.

More detailed, and recommended, advice on project design specification can be found in Management of Research Projects in the Historic Environment: The MoRPHE Project Managers’ Guide and MORPHE for users of MAP2.

In addition, for Excavation Licences and to undertake intrusive investigations, it should be noted that consents may be required from the owner of the seabed, which around England & Wales is normally The Crown Estate. A consent under the Coast Protection Act 1949 is also likely to be required where activities involving the removal of materials from (or temporary deposits on) the seabed that may prejudice navigational safety. Similarly, the approval of a local harbour authority will normally be required where such activities are to take place within a harbour area.

A licence under the Food & Environment Protection Act 1985 (FEPA) may also be necessary where excavated materials are to be re-deposited on the seabed or inter-tidal area from a vessel (e.g. using dredging or pump equipment), and in cases where other materials or temporary structures, such as supporting frames or coffer dams are to be used during the works. This kind of licence will not normally be required where material is to be excavated by hand. The Government agency handling such consents, the Marine and Fisheries Agency (MFA) can be contacted for further assistance.

Referees

Finally, all applicants should make sure that referees are aware that they will be contacted by English Heritage as part of the application process. Similarly, where a nominated archaeologist is named in the licence application, it is crucial they are both aware of this role and that their advice is sought as part of the planning of the proposed project.

Repeat Applications

A review is currently underway of the licence application forms for those applicants re-applying for Visitor or Survey licences as part of ongoing involvement with an historic wreck site or a long-term project. We are aware of the administrative burden placed upon repeat applicants and are seeking an appropriate way to reddress it.