Future trendsRESTRICTIONS
There are a number of historical and archaeological sites where it is totally forbidden
to use a metal detector.
On public land it is the local community that decides whether metal detectors may be
used. It is estimated that approximately 50% of the public land is closed to metal
detecting.
On public woodland the forest superv isor decides whether or not a metal detector may
be used. In most cases permission is not granted.
There is hardly any problem on public beaches as to forbid metal detecting would
discriminate against a class of people and, therefore, a child would not be able to use a
bucket and spade etc.
Apart from seeking the permission of the landowner, there are no restrictions on
private land.
FINDS AND REWARDS - THE RIGHTS OF THE FINDER
Any coins minted after the coin reform in the 19th Century can be retained by the
finder otherwise all coins and artefacts must be delivered to the National Museum.
The finder is awarded a cash sum for the find although, as this is determined by the
National Museum, it is always below the market value. It is very rare that the finder is
allowed to keep his find.
FUTURE TRENDS
Archaeologists recognise the benefits to be derived from seeking cooperation not
confrontation and this is improving the relationship.
The method of calculating rewards is being challenged by the media and will probably
result in change in the future.
FINLAND
All moveable objects, such as coins, weapons etc over one hundred years old should be
reported with an indication of context (Antiquities Act 1963, Section 16).
This legislation does not rule out the use of metal detectors.
FRANCE The use of metal detectors was controlled by the use of
the war time Patrimony Act 1941 but, on the 18 December 1989 Law Number 89-900 (NOR:
MCCX8900 163L) was adopted which states:
Article 1: No one may use metal detecting equipment for the purpose of searching for
monuments and objects which could interest (concern?) prehistory, history, art or
archaeology without first having obtained administrative authorisation issued according to
the qualification of the applicant and also the nature and method of searching.
Article 2: All publicity and instructions on the use of metal detectors must carry the
warning of the prohibition stated in Article 1, the penalties involved and also the reason
for this legislation.
Article 3: Every infringement of the present law will be noted by officers, police
agents and other law enforcement officers, as well as by officials, agents and guardians
of Article 3 of the law number 80-532 of 15 July 1980 relative to the protection of public
collections against acts of vandalism.
Article 4: The reports drawn up by the various persons designated by Article 3 above
will, until proved to the contrary, be given or sent, without delay, to the public
prosecutor of the Republic in the jurisdiction where the offence was committed.
Under French law the enactment of legislation is followed by the Decree which
determnines how the law will be applied. In this case the Decree states:
Article 1 The authorisation to use metal detectors, provided for by Article1 of the 18
December 1989 Law is granted, on the demand of the interested party, by the licence of the
Prefect of the region in which the land to be searched is situated.
The request for authorisation must establish the identity, competence and experience of
the applicant as well as the location, scientific objective and the duration of the
searches to be undertaken.
When the searches are to be carried out on land which does not belong to the applicant,
the written application must be accompanied by a document of consent written by the owner
of the land and, if appropriate, anyone else who has the right.
Article 2 Anyone who uses a metal detector to carry out searches of the sort described
in Article 1 of the Law without having first obtained the authorisation required or who
does not observe the requirements described in Article 1 of this Decree will be punished
by the fine applicable for contraventions of the fifth class. The equipment used in the
infringement will be confiscated.
Article 3 Whoever publicises or draws up publicity for, or draw up information about
the use of metal detectors and fails to draw attention to the requirements of Article 2 of
the Law will be punished according to the penalties applicable for offences of the fifth
class.
Beaches are believed to be outside this Law.
GERMANY
The 1992 law on the search for, and preservation of antiquities, covers all objects
belonging to the ancient period, early Christianity and the Middle Ages.
Excavation requires a licence and work may not be carried out, without permission, near
an antiquity in such a way as to affect it directly or indirectly. All accidental
discoveries must be reported. Rewards are made equal to 50% of value if found on public
land and 100% if on private land.
Although the 1932 Act does not refer to metal detectors, any items found by its use are
covered by the Act.
NORTHERN IRELAND
The law in Northern Ireland is not the same as mainland England and the use of metal
detectors is covered by the Historic Monuments Act (NI) 1971 which states:
Part IV Section 11: A person shall not, save under and in accordance with a licence
.....dig or excavate in or under any land ..... for the purpose of searching generally for
archaeological objects ....
Part IV Section 12: The finder of any archaeological object ..... shall, within
fourteen days of such finding, report the circumstances .... to the Director of the Ulster
Museum .... or to the officer in charge of a police station.
SOUTHERN IRELAND The National Monuments (Amendment) Act 1987
(Section 2) states:
Subject to the provisions of this section a person shall not:
1a: Use or be in possession of a detection device in, or at the site of, a monument of
which the Commissioners or a local authority are the owners or guardians or in respect of
which a preservation order is in force or which stands registered in the Register or
2a. in an archaeological area that stands registered in the Register or 3a. in a
Registered area
OR
b: Use, at a place other than a place specified in paragraph a of this subsection, a
detection device for the purpose of searching for archaelogical objects or
c: Promote, whether by advertising or otherwise, the sale or use of detection devices
for the purpose of searching for archaeological objects.
Note: `Archaeological area' is defined as ` an area which the Commissioners consider to
be of archaeological importance but does not include the area of a historical monument
standing entered in the Register'.
Section 40 states that `Where in a prosecution for an offence under this section it is
proved that a detection device was used, it shall be presumed until the contrary is proved
that the device was being used for the purpose of searching for archaeological objects'.
ISRAEL
The Antiquities Act 1978, Section 9a states that `no person shall excavate in a private
property for the purpose of discovering antiquities, nor search for antiquities in any
other manner, including the use of metal detectors, nor gather antiquities unless he has
received a licence for such from the Director. Breach of this section carries a liability
to imprisonment for a term of 3 years or a fine of =A3150,000'.
Section 38 of the same Act states that `any person found on an antiquity site, in whose
possession or in whose immediate vicinity are found excavation tools and it can be assumed
that they were recently used in excavation work at the site, or in whose possession or in
whose immediate vicinity is found a metal detector, is presumed to have intended to
discover antiquities unless he proves that he has no such intention.
ITALY
The 1939 Act of the custody of artistic and historic objects affords protection to all
objects and coins of historical or archaeological value including coins. All objects are
State property and must be reported to the Superintendency of Arts. Rewards may be offered
up to 1/4 of the value.
Metal detecting is forbidden in the following areas:
Val D'AOSTA
TOSCANA
LAZIO
CALABRIA
SICILIA
Coins found minted after 1500 can be kept by the finder and 10% of their value has to
be paid to the landowner.
LIECHTENSTEIN
The 1977 Monument Protection Act requires the declaration of any antiquities found in
the soil. A government permit is necessary for archaeological excavations.
LUXEMBOURG
The 1966 Act on excavations and movable cultural objects states that `all search and
excavations with the aim of discovery or bringing to light objects or sites of historical
interest can only be made with the authorisation of the Minister for Arts and Sciences'.
The use of metal detecting for unauthorised searching is widespread and, in the view of
the Ministry of Justice, is in contravention of the law.
MALTA
The 1925 - 1974 Antiquities Protection Act affords protection to all objects, both
movable and immovable, which are more than 50 years old. Excavation can only be carried
out with government authorisation (Article 1). The reporting of accidental finds is
compulsory (Article 10).
Since 1979 there has been a ban on the import of any metal detectors of sufficient
sensitivity to be of any danger to archaeological sites.
NETHERLANDS
Information to follow.
NORWAY
Section 4 of the Cultural Heritage Act 1978 lists a wide range of specified objects,
both fixed and movable, dating from before 1937 which are protected. Section 3 also
provides protection from unauthorised excavation. The ownership of all objects older than
1537 and of coins older that 1650 is vested in the State (Section 12, a and b). Section 13
requires that all finds should be reported to the authorities who will fix a suitable
reward. There is no specific reference to metal detectors.
PORTUGAL
Information still required.
SPAIN
The Spanish Tourist Office in London advises in their General Information sheet:
Metal Detectors: The use of metal detectors is not allowed unless an import license for
the detector has previously been issued. Further enquiries should be made to the Spanish
Commercial Office.
The Commercial Office at the Spanish Embassy, if asked, provide the following written
information:
1. The use of metal detectors could involve considerations of the Law and Regulations
governing artistic or archaeological finds, involving national heritage and treasure
trove, as provided by the very detailed Law of 25th June 1985 (Historical Heritage); and
the Royal Decree of 10th January 1986 which develops it.
2. If anything is found, therefore, it would be necessary to comply with the complex
procedures outlined in these enactments; and it would certainly not be possible for any
finds to be taken out of Spain until the proper Authorities had given their consent. That
could take months; and if the article in question is classified as part of the national
artistic heritage, and/or is over 100 years old, it is not likely to receive an export
permit either at all, or for a very long time, owing to the complexity of the procedures.
The second aspect is a technical one. The Royal Decree of 25th November 1987, which
deals with nuclear energy and radio-activity, lays down rules and safeguards against
radiation. The Order of 20th March 1975 sets out the homolagation rules for radio-active
apparatus. The metal detector in question may not comply with those rules.
There is a third aspect. The local Naval Authorities have been known to complain
because the use of metal detectors has interfered with electronic communications.
All in all, therefore, it is preferable not to use metal detectors in Spain.
December 1989
SWEDEN
Section 19 of the 1988 Act which prohibited metal detecting in the countries of Gotland
and Oland has now been extended to include all of Sweden.
SWITZERLAND
No legislation specifically refers to metal detecting by private individuals, though
legislation exists to ban unauthorised search or excavation of antiquities.
TURKEY
The 1973 Antiquities Act carries very extensive lists of movable and immovable objects
protected including places of ancient settlement or places where there are vestiges of
ancient civilisations (Article 1). All objects are the property of the State (Article 3 )
and reporting is obligatory (Article 4) but a reward system exists (Article 47).
There is a specific provision against treasure hunting, illicit excavation and dealing
in antiquities (Article 51 - 52). Unauthorised treasure hunting carries a penalty of 2 - 5
years imprisonment and fines of =A35,000 to =A310,000 (Article 47).
