By Lord Howarth of Newport - 3rd March 2010
Lord Howarth of Newport writes for ePolitix.com ahead of his question on the protection of cultural heritage assets in waters beyond 12 nautical miles offshore.
The United Kingdom's seafaring heritage, and our history as a group of islands, are intrinsic to our national identities. As the reaction to the discovery of HMS Victory has shown, they are of enormous public interest.
Within territorial waters (up to 12 nautical miles offshore), the UK's national heritage bodies have responsibilities for protecting that heritage. This allows its management to be integrated with that of the historic environment on land. Historic wreck sites within 12nm can also be designated under the Protection of Wrecks Act 1973.
However, as was recognised during the passage of the Marine and Coastal Access Act 2009, the marine historic environment beyond 12nm does not enjoy similar protection. The establishment of a new system of marine planning across the UK continental shelf means that the UK government and the devolved administrations must find ways to ensure that information and advice about the historic environment are available to inform planning and management.
The remit of the newly created Marine Management Organisation (MMO) extends over a vast area of sea beyond 12nm out to 200nm. Within this area there are archaeological sites of great importance, ranging from the HMS Victory to submerged prehistoric landscapes from the period when the British Isles were part of the European land mass. In its planning and licensing functions the MMO is required to take account of the marine environment, including sites of historic and archaeological interest. This is made more urgently necessary by active programmes of mineral extraction and development of offshore wind farms.
In January, the Crown Estate announced round three of its wind farm leases. Under European law, these developments require Environmental Impact Assessments to be undertaken, including impact on the cultural heritage. At present the MMO does not have access to the information and advice it needs for this. Opportunistic commercial salvage operators, using modern technologies, have identified numerous wreck sites that are not currently protected and are at risk of looting. We need to create a public archive and pursue research to inform the responsible delivery of offshore development.
The UK has not ratified the 2001 UNESCO Convention on the Protection of the Underwater Cultural Heritage. We currently lack effective policies to consider and protect the heritage beyond territorial waters. I hope to hear, in answer to my question, what steps the government is planning to remedy this situation.

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