Spanish legislation

As a starting point, it should be noted that in Spanish law there is a no legal concept that expressly defines underwater cultural heritage, nor is there a legal system for the specific protection of such property.Salto de línea In our legal system, underwater cultural heritage is part of archaeological heritage. This consists in property defined in Article 40 of the Law of Spanish Historical Heritage: It refers to moveable and immovable property of a historical nature that can be studied using archaeological methods, regardless of whether it is found on the surface of the ground or underground, in the territorial sea or continental shelf. In addition, archaeological heritage, unlike other cultural heritage – property of general interest, inventories, documentary and bibliographical heritage, and ethnographic heritage –, is unique in its legal nature because, by operation of law, it is part of public property. This wish to give archaeological property a special and greater protection than other cultural property is due to the fragility of this kind of property and the multiple aggressions and plundering to which it has been subjected.

The Spanish Constitution of 1978 outlines the following articles regarding this topic:

• Article 44.1: The public authorities shall promote and safeguard access to culture, to which everyone is entitled.
• Article 46: The public authorities shall guarantee the preservation and promotion of the enrichment of the historical, cultural and artistic heritage of the peoples of Spain and of the property that comprises it, whatever its legal status and ownership. Criminal law shall punish any offences against this heritage.
• Article 132.2: State public property is that set out by the law and always refers to tidelines, beaches, territorial seas and natural resources of the economic area and the continental shelf.
• Law 16/1985 of 25 June, on Spanish Historical Heritage devotes Title V to Archaeological Heritage. Article 40.1. states: "As set out in Article 1 of this law, moveable and immovable property of a historical nature that can be studied using archaeological methods, regardless of whether it is found on the surface of the ground or underground, in the territorial sea or continental shelf is part of Spanish Historical Heritage..." This law is noteworthy as it does not establish any differentiation with regard to where the property that would be suitable to become part of the Spanish Historical Heritage is found. Its conservation is guaranteed by its very nature, regardless of whether it was found above or below water.
• Coastal Law 22/1988 of 28 July sets out in Article 3 which property makes up public tideline property and also includes elements found on the seabed.

Regulations by Autonomous Community

Recognition in their respective laws for cultural and/or historical heritage regarding its extension with regard to the sea:

• Law 7/1990 of 3 July on the Cultural Heritage of the Basque Country
• Law 11/1998 of 13 October on the Cultural Heritage of Cantabría (Articles 58 and 75)
• Law 4/1998 of 11 June on the Cultural Heritage of Valencia (Article 58)
• Law 12/1998 of 21 December on the Historical Heritage of the Balearic Islands (Article 49)
• Law 4/1999 of 15 March 1999, on the Historical Heritage of the Canary Islands
• Law 1/2001 on the Cultural Heritage of Asturias (Article 61.3)
• Decree 78/2002 of 5 March on the Regulation on the Archaeological and Palaeontological Heritage of Catalonia.
• Law 4/2007 of 16 March on the Cultural Heritage of the Autonomous Community of Murcia (Article 54)
• Law 14/2007 of 26 November on the Historical Heritage of Andalusia (Article 47.2)Salto de línea Ministerial Order of 20 April 2009, which declared 42 specific areas in continental and inland waters of Andalusia, its territorial sea and the continental coastal shelf in the region of Andalusia to be Archaeological Reserves.
• Law 5/2016 of 4 May on the Cultural Heritage of Galicia