Question on the law

pueblo

Reading Slowburner's post The Law on Metal Detecting in Ireland made me wonder if it is also illegal to deliberately dig or otherwise search (not using a metal detector) for archaeological objects? That's presuming of course any finds are reported to the NMI within the 96 hour period.

Anyone know offhand?

ezra_pound

pueblo wrote: »

Reading Slowburner's post The Law on Metal Detecting in Ireland made me wonder if it is also illegal to deliberately dig or otherwise search (not using a metal detector) for archaeological objects? That's presuming of course any finds are reported to the NMI within the 96 hour period.

Anyone know offhand?

26.—(1) It shall not be lawful for any person, without or otherwise than in accordance with a licence issued by the Commissioners under this section, to dig or excavate in or under any land (whether with or without removing 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 known or believed to be in or under such land or for any other archaeological purpose.

(2) The Commissioners may at their discretion issue to any person a licence to dig or excavate in or under any specified land for any specified archaeological purpose and may insert in any such licence such conditions and restrictions as they shall think proper.

(3) Any person who digs or excavates in or under any land in contravention of this section shall be guilty of and offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty-five pounds.

(4) Nothing in this section shall apply to or render unlawful digging or excavation in, or under any land for or in the course of any agricultural or industrial operation nor shall a licence under this section operate to render lawful the doing of anything which would be unlawful if this section had not been passed.

ezra_pound

pueblo wrote: »

Reading Slowburner's post The Law on Metal Detecting in Ireland made me wonder if it is also illegal to deliberately dig or otherwise search (not using a metal detector) for archaeological objects? That's presuming of course any finds are reported to the NMI within the 96 hour period.

Anyone know offhand?

Its been an offense since 1930 as per quote above. You'd completely destroy the archaeological contexts and strata of the finds.

slowburner

pueblo wrote: »

Reading Slowburner's post The Law on Metal Detecting in Ireland made me wonder if it is also illegal to deliberately dig or otherwise search (not using a metal detector) for archaeological objects? That's presuming of course any finds are reported to the NMI within the 96 hour period.

Anyone know offhand?

The law is pretty clear and the reasons for this law are pretty obvious. Digging is destructive.
There are masses of treasure hunters out there who have no intention whatsoever of reporting their finds and who couldn't care less about the destruction they cause.
Indeed, only two weeks ago, I saw first hand their handiwork at one of our finest national monuments. There must have been upwards of a dozen pits all around the perimeter of the site, and they had carefully replaced the sod each time to hide the signs of their diggings.

In the current climate, these laws are probably more important than they ever were before.

DeepSleeper

slowburner wrote: »

Indeed, only two weeks ago, I saw first hand their handiwork at one of our finest national monuments. There must have been upwards of a dozen pits all around the perimeter of the site, and they had carefully replaced the sod each time to hide the signs of their diggings.

In the current climate, these laws are probably more important than they ever were before.

That sounds familiar - I directed an excavation in Mayo in the summer of 2012 and arrived on site one morning to find that an idiot with a metal detector had dug various holes around my site - they replaced the sod in most cases, except where there was no sod to replace - i.e. in my excavation trench!! They dug holes in the grassy areas and in my trench and then just left the rusty nails they found beside the holes they had dug. We called the Gardaí of course and they inspected the damage - we also submitted a detailed report to the National Museum of Ireland, but the most annoying thing is the damage that was done to the stratigraphic record for the sake of a few rusty nails... I hope they found tetanus too...:mad:

Anyone who sees evidence of illegal metal detecting on archaeological sites should report it to the Gardaí and to the National Musuem of Ireland (Duty Officer, Irish Antiquities Division, NMI, Kildare St, Dublin 2).

pueblo

ezra_pound wrote: »

26 shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty-five pounds.

That's what I presumed but never having looked up the legislation wasn't sure.

They might want to re-think the fine not exceeding 25 'pounds' though!

ezra_pound

pueblo wrote: »

That's what I presumed but never having looked up the legislation wasn't sure.

They might want to re-think the fine not exceeding 25 'pounds' though!

The 1987 act did just that:

(4) Section 26 (3) of the Principal Act is hereby amended by the substitution of:

“shall be liable—

(a) on summary conviction, to a fine not exceeding £1,000 or, at the discretion of the Court, to imprisonment for a term not exceeding 6 months or to both the fine and the imprisonment, or

(b) on conviction on indictment, to a fine not exceeding £50,000 or, at the discretion of the Court, to imprisonment for a term not exceeding 12 months or to both the fine and the imprisonment”

for “shall be liable on summary conviction thereof to a fine not exceeding twenty-five pounds”.

JimmyOats

Since the Fines Act 2010 it has been revised upwards again (penalties relating to detection devices are dealt with by section 23 of the 1987 Act) - a Class C fine, currently €2,500, and a fine under indictment of €126k.