A Guide to Metal Detecting,
Archaeology and the Law
January 2011
Metal-Detecting, Archaeology and the Law
This leaflet deals with the legal and ethical implications of
metal-detecting in Northern Ireland. It should be emphasised
that the archaeological legislation here has more provisions
than in Great Britain, as the law in Northern Ireland does
not distinguish between known and as yet undiscovered
archaeological sites or monuments.
The Department of the Environment is charged with caring for the
natural and built heritage and will not hesitate to enforce The Historic
Monuments and Archaeological Objects (NI) Order 1995 to deter
those who choose to damage and/or loot archaeological sites for
personal gain. But the Department is also aware that it needs the
support of the public, particularly those who already have an interest
in the past. It also needs to educate and inform those who participate
in treasure hunting.
Metal-Detecting in Northern Ireland
The Historic Monuments and Archaeological Objects (NI) Order 1995
introduced specific restrictions on the possession and use of detecting devices.
• It is an offence to be in possession of such a device on a scheduled or a
State Care site without the written consent of the Department.
• It is also an offence to remove an archaeological object found with a
detector from such a site without written consent.
There are further restrictions involving the search for archaeological objects.
• Such a search can be undertaken only by those with a ‘licence to excavate’
issued under the Order. Usually such a licence is granted only to bona fide
archaeologists, historians or experienced amateurs engaged in legitimate
archaeological research or rescue excavations.
You should also be aware that there are laws covering other possible aspects of
treasure-hunting, such as:
• damage to archaeological sites that are in State Care or have been
scheduled under the Order,
• reporting the discovery of archaeological objects,
• treasure, and
• trespass.
Archaeological objects found in the ground, unless covered by treasure
regulations, are usually deemed to belong to the owner of the land on which
they were found. The removal of such objects without the owner’s consent
could be regarded as theft.
Any person finding such objects, including treasure, should report their
discovery and surrender them within 14 days to:
• the Ulster Museum;
• the Northern Ireland Environment Agency: Built Heritage Directorate, DOE;
or
• the local police station.
You may feel that the prohibitions and warnings given above serve only to dampen the amateur’s legitimate interest in and enthusiasm for the past and its
relics. The intention of the law, however, is clear - it is to support the interests of
the public as a whole, to prevent damage to ancient sites, to prevent the looting
of such sites for personal gain, and to encourage the reporting of discoveries of
antiquities so that the information that such objects convey can be studied.
This leaflet is intended for those who may wish to channel their interest in sites
and antiquities towards constructive involvement in exploring, preserving and
explaining our past. For this reason you will find within a list of addresses of
national and local institutions and organisations sharing a positive interest in
archaeology - through historical research, ‘indoor archaeology’, lectures and
field-trips. There are also many local historical societies which welcome new
members, and can be contacted through the Federation for Ulster Local Studies
(FULS).
These regulations are intended to encourage the finders of archaeological
objects to declare them to the authorities, in the knowledge that, if they
discovered them legitimately, finders cannot lose in any way by declaring them.
www.ni-environment.gov.uk
Legislation
Extracts from : The Historic Monuments and Archaeological Objects (NI) Order
1995, relating to treasure-hunting issues.
Part II, article 29.
(1) If a person has a detecting device in his possession in a protected place
without the written consent of the Department he shall be guilty of an
offence and liable on summary conviction to a fine not exceeding level 4
on the standard scale.
(3) If a person without the written consent of the Department removes any
archaeological object which he has discovered by the use of a detecting
device in a protected place he shall be guilty of an offence and liable on
summary conviction to a fine not exceeding the statutory maximum or on
conviction to a fine.
(5) If any person –
(a) in using a detecting device in a protected place in accordance with
any written consent granted by the Department for the purposes of this
Article; or (b) in removing or otherwise dealing with any object which
he has discovered by the use of a detecting device in a protected place
in accordance with any such consent, fails to comply with any condition
attached to the consent, he shall be guilty of an offence and liable, in a
case falling within subparagraph (a), to a penalty provided by paragraph
(1), and in a case falling within sub-paragraph (b), to a penalty provided by
paragraph (3).
(6) In any proceedings for an offence under paragraph (1) or (3), it shall be a
defence for the accused to prove that he had taken all reasonable
precautions to find out whether the place where he had the detecting
device in his possession or (as the case may be) used it was a protected
place and did not believe that it was.Part III, article 41.
(1) Any person who, except under and in accordance with any conditions
attached to a licence issued by the Department under this Article,
excavates in or under and land (whether or not such excavation involves
the removal of the surface of the land) for the purpose of searching
generally for archaeological objects or of searching for, exposing or
examining any particular structure or thing of archaeological interest shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale...
Metal-Detecting, Archaeology and the Law
Part III, article 42.
(1) Any person who finds an archaeological object ... shall, within 14 days of finding the object (a) report to a relevant authority (i) the circumstances of the finding;
(ii) the nature of the object found; and
(iii) the name (if known) of the owner or occupier of the land on which the
object was found; and
(b) subject to paragraph (2), deposit the object with the relevant authority.
(2) Where the archaeological object found is not readily portable, the finder shall
so specify in his report under paragraph (1), and shall state where any person
authorised in that behalf by the Director or the Department may inspect the
object.
(4) An archaeological object which is deposited with the Director or the
Department ... may be retained by the Director or the Department for the
statutory period for the purpose of examining and recording it and carrying
out any test or treatment which appears ... to be desirable for the purpose
of archaeological investigation or analysis or with a view to restoring or
preserving the object.
(6) Except with the consent of the Director or the Department, the finder shall not,
before the expiration of the statutory period, deliver the archaeological
object to a person other than a relevant authority or otherwise part with the
possession of the object.
(7) A finder who, without reasonable cause, acts in contravention of any provision
of this Article, and any other person (other than a relevant authority) who,
knowingly and without the consent of a relevant authority, obtains possession
of any archaeological object before the expiration of the statutory period,
shall be guilty of an offence and liable on summary conviction to a fine not
exceeding level 3 on the standard scale.
(11) Nothing in this Article (a) affects the right of the Crown in relation to any treasure within the meaning
of the Treasure Act1996; or
(b) affects the right of any person to the ownershipof an archaeological object.
(12) In this Article - “the Director” means the Director of the Ulster Museum;
“relevant authority” means the Director, the Department or the officer in
charge of a police station; “the statutory period” in relation to an archaeological
object means the period of 3 months beginning with the date on which a
report of the finding of that object is made under paragraph (1).
Museums
Armagh County Museum, The Mall East, Armagh
Down County Museum, The Mall, Downpatrick
Fermanagh County Museum, Castle Barracks, Enniskillen
Lisburn Museum, Market Square, Lisburn
Ulster Museum, Botanic Gardens, Belfast
Heritage & Interpretive Centres
Bangor Heritage Centre, Bangor Castle, Bangor
Derry City Council, Guildhall Street, Londonderry
Navan Interpretive Centre, Killylea Road, Armagh
Newry Arts Centre & Museum, Bank Parade, Newry
Local Historical Societies
Federation for Ulster Local Studies,18 May Street, Belfast, BT1 4NL
Northern Ireland Environment Agency
Built Heritage
Waterman House
5-33 Hill Street
Belfast, BT1 2LA
Telephone: (028) 9054 3159
Fax: (028) 9054 3111
Email: hmenquiries@doeni.gov.uk
Website: www.doeni.gov.uk