Bermuda's flotsam, jetsam and lagan are all better protected after the Senate passed the Historic Wrecks Act yesterday.

The Act establishes a protective framework for Bermuda's historic shipwrecks and artefacts associated with these wrecks.

And those who violate the protective measures - such as shipwreck treasure hunters - can now face fines up to $25,000 and up to a year in prison.

Government Senator Michael Scott said the purpose of the legislation is "to preserve Bermuda's underwater heritage".

All property from shipwrecks belongs to the Bermuda Government once it falls to the sea floor, said Mr. Scott, and remains abandoned by its owner for 50 years.

Similarly flotsam (property or cargo floating from a shipwreck), jetsam (property jettisoned from a wreck) and lagan (property or cargo from a wreck attached to a buoy or cork) are all deemed historic artefacts for the purposes of the Act, he added.

Most Senators welcomed the legislation which also creates a Historic Wrecks Authority, a Custodian of Wrecks, licensing for wreck diving and a database of Island wrecks and artefacts.

However, Independent Senator Jeannette Cannonier pointed out that one provision within the Act contravenes the Bermuda Constitution.

Sen. Cannonier pointed out the Act states that the Minister of the Environment will appoint a Custodian of Historic Wrecks "who shall be deemed to be a public officer".

But Sen. Cannonier said, under the Constitution, Ministers can not appoint public officers.

This breach of the Constitution raised the concerns of Opposition Senators as well, who used the opportunity to accuse the Government of improperly tampering with the Constitution.

However, Senate President Alf Oughton said that given the number of Senators in attendance yesterday, even if the Act was put to a vote it could not be stopped, and the best the Upper House could do is suggest changes.

Opposition Senator Walwyn Hughes was absent, thus if all five Government Senators had voted in favour of the act in a vote in his absence, the Act would have passed.

Sen. Oughton also suggested it was unlikely the Custodian of Wrecks would be a full-time position and more likely someone appointed from within Government, adding that in the past the Collector of Customs has also acted as Custodian.

And Sen. Milton Scott said similar wording had been included in recent legislation which also passed the Senate.

The substance of the Act, Senator David Burch explained, is to protect the Island's underwater heritage and he took issue with comments made by UBP Sen. Mark Pettingill that divers should be compensated for salvaging artefacts.

Sen. Burch said Bermuda's wrecks would no longer be "plundered" and Bermuda was at the forefront of the world in created this protective legislation which coincides with recommendations from a UNESCO conference held in November.

The Act also creates an amnesty for those who may have collected historic artefacts before the legislation.

Under the amnesty, those persons are asked to bring forward these artefacts in order that they can be photographed and catalogued for Bermuda's greater historic record and inclusion in the new database.