Print Options

(1) Where the Director-General is of the opinion that a vessel lying wrecked in Ghanaian waters is because of its position or anything contained in it a potential danger to navigation, life or property, the Director-General may cause the wreck to be marked and protected from interference and may by notice published in the area of the wreck designate an area around it as a prohibited area.

(2) A notice under subsection (1) shall identify the wreck and the place where it is lying and

(a) the prohibited area shall be within such distance of the wreck as is specified in the notice; and

(b) the distance specified for the purposes of paragraph (a) shall be whatever the Director-General considers appropriate to ensure that unauthorised persons are kept away from the wreck.

(3) Subject to subsection (4) a person who without authority in writing granted by the Director-General, enters a prohibited area, whether on the surface of or under water, commits an offence and is liable on summary conviction to a fine not exceeding 250 penalty units or a term of imprisonment not exceeding 12 months, or to both.

(4) Nothing shall be regarded as constituting an offence under this section where it is done by a person

(a) in the course of any action taken by the person for the sole purpose of dealing with an emergency of any description;

(b) in exercising functions conferred by or under any enactment on the person or a body for which the person acts; or

  (c) out of necessity due to stress of weather or navigational hazards.