DETECTING IN EUROPE THE LAWS
AUSTRIA
The use of detectors requires excavation permission issued by the
Austrian Federal Monument Authority. Such permission is generally not
issued to private individuals.
CYPRUS
Searching for antiquities without a licence is expressly forbidden even
with the landowner's permission. It is highly unlikely that an
individual will be able to obtain such a licence.
DENMARK
On public land, it is the community that decides whether or not a metal
detector may be used. It is estimated that approximately 50% of the
public land is closed to metal detecting.
On public woodland the forest supervisor decides whether or not a
detector may be used. In most cases permission is NOT granted.
There is hardly any problem to search on public beaches because "it 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, there are no restrictions
on private land.
Any coins minted after the coin reform in the 19th century can be
retained by the finder. Otherwise all coins and artifacts must be
delivered to the National Museum. The finder is awarded a Cash sum for
the find but it is always below the market value. It is very rare that
the finder is allowed to keep his find.
FINLAND
All movable 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
No one may use metal detecting equipment for the purpose of searching for
monuments and objects which could concern prehistory, history, art or
archaeology without first having obtained administrative authorization
issued according to the qualification of the applicant and also the
nature and method of searching.
Beaches are believed to be outside this law.
GERMANY
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 metal detectors are not referred to in this 1932 Act, 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 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
A person cannot use, or be in possession of a detection device in, or at
the site of, an archaeologically significant area.
It is even illegal to "Promote, whether by advertising or otherwise, the
sale of use of detection devices 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 in imprisonment for a term of 3 years or a very, very large
fine.
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
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
authorization of the Minister for Arts and Sciences. The use of metal
detecting for unauthorized searching is, in the view of the Ministry of
Justice, 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 authorization. The
reporting of accidental finds is compulsory.
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.
NORWAY
The Cultural Heritage Act 1978 lists a wide range of specified objects,
both fixed and movable, dating from before 1937 which are protected. It
also provides protection from unauthorized excavation. The ownership of
all objects older that 1537 and of coins older than 1650 is vested in the
state. It requires that all finds should be reported to the authorities
who will fix a suitable reward. There is no specific reference to metal
detectors.
SPAIN
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 provided 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, a 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 25 November
1987, which deals with nuclear energy and radioactivity, 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
Spain.
In 2001 Spain has become even more un-bending and a number of detector users have faced prosecution, therefor FID cannot recommend visiting or detecting in this country.
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 unauthorized 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 civilizations. All objects are
the property of the State and reporting is obligatory but a reward system
exists.
There is a specific provision against treasure hunting, illicit
excavation and dealing in antiquities. Unauthorized treasure hunting
carries a penalty of 2 - 5 years imprisonment and very hefty fines.
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