ABSTRACT

The question of legislation in relation to maritime archaeology is a complex issue. In most countries, land archaeological sites are protected by some form of legislation. Unfortunately many countries choose not to afford underwater archaeological sites the same level of protection. The debate is complex. There are those who want sites protected and others who, for various reason, want them left unprotected. There are divisions between the interested parties on both sides. An underwater archaeologist will argue that all sites should be protected. The sport diver may argue that protective legislation could prevent the acquisition of artifacts from sites, or possibly restrict reasonable recreational access to sites. The more pecuniary minded would see such legislation as preventing the commercial exploitation of sites. Even government departments may have vested interests in legislation. In some countries substantial sums of money are realized through legal agreements with commercial organizations over the disposition and sale of archaeological artifacts from wreck sites within their territorial waters. Many museums acquire material from the treasure hunter seeing this as the only way to acquire this type of material.