The Law Regarding Metal
Detecting
Outside the United Kingdom
Amended Feb 2005
This report has been written to provide available
information on the law in other
countries. Every effort has been made
to verify its correctness but anyone wishing
to metal detect overseas should satisfy
themselves of the legal situation at the
time they intend traveling.
CONTENTS
Austria, BELGIUM,
Cyprus, Denmark, France,
Germany,
Italy, Jersey. Liechtenstein,
Luxembourg, Malta, Netherlands,
Norway, Portugal, Spain,
Sweden, Switzerland, Turkey
The use of metal
detectors in archaeological contexts on land or underwater requires
an excavation permission issued by the Austrian Federal Monument Authority
(Bundesdenkmalamt) because such use is considered to
constitute an `excavation for the purpose of discovery and exploration of
movable and immovable monuments' in the sense of Section II of the
Austrian law for the protection of monuments. Such permissions are in
general not issued to private individuals.
Information still awaited.
Under Section 2(1) (a)
of the antiquities law of 1935 (amended 1973) any object
whether movable or part of immovable
property is protected by law.
Section 14 (1) states
that ` no person shall excavate or cause excavations to be made whether on
his own land or elsewhere for the purpose of discovering antiquities
without a license'.
Although not
specifically mentioning metal detectors, section 14(1) implicitly rules
them out, nor can a landowner legally
give permission for a search to be carried
out if it results in excavation.
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 permission of the landowner, 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
The finder is awarded
a cash sum for the find although, as this is determined by the
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.
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.
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 determines 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 license 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.
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.
The law in
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
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 archaeological 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'.
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.
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
SICILIA
Coins found minted
after 1500 can be kept by the finder and 10% of their value has to be paid
to the landowner.
( STATEMENT OF DETECTING REGULATIONS IN
Metal detecting in
Unless, you have permission by a land owner to search there fields, so long as
there is
no archaeological monument within the land, or other sites as stated below
having an
SSI status... the area’s to avoid are: St. Ouen inland dunes at the 5 mile
road, also
Jersey/National Trust land, and historic sites/buildings as expected.
We
have no treasure trove law in Jersey, however there are four things to consider
that are in law, operating as statute for control within, our hobby on the
(1).
Parks and Common Land areas are subject to policing, these are no-go-areas.
(2).
SSI - Sights of Special Interest, cover all historic sites and buildings in
jersey, these are no-go-areas, “with one exception as below” (a).
(a). However, one Extended Beach Area, starting from La Collette in St. Helier, East Coast going around Northward through to Greve D’Azette, Green Island, Le Hocq, La Rocque, and into the bay of Grouville upto Gorey Harbour, allows you to beach detect and recover finds in these areas, but keep in mind the sites marine environment, this is why it has an SSI placed on it.
(3).
Metals of Gold/Silver, rings or the like with person/persons loss incurred,
requires the finder to take the item into our police station, at Rouge Bouillon
in St Helier ; where details would be taken and if the item is not
claimed, it becomes either crown property, or returned to the finder in time.
(4).
Lastly, Jersey has a Custom & Excise Law, policing objects of historic
interest, and are restricted from going out of the island, without a
license...
So if you recover a find or finds that have a date of 50 years or more, you need
a Custom Licence No.
108, to be granted export for the find after the find/object has been assessed
by our Jersey Heritage Trust, at La Houge Bie Museum to determine its context
for recording, and for the islands history the museum might, buy the find.
Its
likely, you will recover mainly recent and Victorian, plus badly worn 1600
French coinage, also the usual dross left behind towards the top of the beach,
however rings can be a good source particularly very thin ones, if you have a
detector good at recovering thin gold and silver, you could do well; so good
luck, and if your a visitor to the island, enjoy your stay.
Jersey Metal Detecting Society: 2004/5.
The 1977 Monument
Protection Act requires the declaration of any antiquities
found in the soil. A government permit
is necessary for archaeological excavations.
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.
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.
Information to follow.
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.
There has been some
new legislation introduced recently which prohibits searching for
archaeological material without a permit. To obtain a permit, please apply
to the Ministry of Culture in
More information will
be available soon.
The Spanish Tourist
Office in
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
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 homologation 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
December 1989
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
No legislation
specifically refers to metal detecting by private individuals, though
legislation exists to ban unauthorised search or excavation of antiquities.
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).
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