chrysalis Wrote:... I ought to add that after the recent cuts NE are due to lose 1/3rd of their staff and as most of the archaeological community isn't aware of the vast amounts of money they pour into archaeology the in-house archaeologists are looking like an easy target - some regions are down to one staff member to cover 6 counties already.

chrysalis Wrote:Oh dear Unitof1, it must be horrible to be inside your head. One day you'll be blocked from this site and we may be able to have a grown-up discussion without fear of inaccurate ranting nonsense. Go and read the NE website on what is and isn't eligable for grants as previous efforts on this site to enlighten your ignorance on a variety of other subjects have failed and I cannot be bothered to try. You are off topic as usual.

Until that day I will merely go back to the point, namely while the use of HERs by illicit metal detectorsts is reprehensible and (anecdotally) does appear to be happening the duty to report to HERs remains upon every responsible archaeologist/interested party as the HERs have many other uses.

This specific case of treasure hunting in marine waters does seem to be in breach of international law
http://www.mcdonald.cam.ac.uk/projects/iarc/culturewithoutcontext/issue16/papa-sokal.htm

Breaking the law is not the way to highlight problems with it, lobbying your MP, MEP or other elected representative IS the way to go, particularly if you have a more sensible proposal and have demonstrable public support e.g. via a petition

BAJR Wrote:In this particular case, it is very much a case in point... The archaeologist is the enemy... hostile and stupid... the detectorist a paragon of virtue, trying only to discover that which the archaeologist will never find... etc........ reverse the terms archaeologist/detectorist where appropriate.

Stephen jack does me no credit to think I won't know the laws in France... indeed it is complicated, however... Detecting in France is illegal without appropriate licence. simples.

In broad terms the law says that to search on any land be it your own or someone elses, not only do you have to have the landowners permission in writing, but by virtue of the fact that you are searching for objects which could concern/interest prehistory, art or archaeology you are required to obtain administrative authority from the Prefect of the Region. This authority comes in the form of a license which may be issued after reference to the searchers identity, competance, experience and method of searching. Regard is also taken of the location, scientific objective and the duration of the searches to be undertaken.

Failure to take notice and act upon this could result in the confiscation of the metal detector being used and a fine.

It is believed that beach detecting falls outside of this law.

If your French is good enough you may be able to glean more info from the following site:
http://www.tresors.com.fr/ When you get on the home page scroll down to the link to la-Loi.

So in terms of being confused etc... its not.... in terms of being strict... it is - surprisingly this is the same for archaeologists as well... so no need to feel vicitmised, rather you are being treated in the same way as an archaeologist. Detecting finds artefacts.. and I will always always push for recording. just the simple act of recording.. I don't want to take it all... just know about it.

Thanks

Quote: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. However see appendix (L542) adopted in 2004.
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.

Appendix (L542)
Art L542: No one can use equipment allowing metal target detection, to search monuments for objects of interest to pre-history, history, art or archaeology, without having first obtained an administrative authorisation, which may be given depending on the qualification of the applicant, as well as the nature of and reason for the research. Those who contravine are liable ti fines within the band class 5. The purpose of this regulation is the protection of archaeological sites. The authorisation of archaeological research using metal detectors requires the permission of the prefect of the area concerned.