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Metal detectors in Ireland: yes or no?

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Comments

  • #52
    InTheTrees
    Registered Users, Registered Users 2 Posts: 9,900 ✭✭✭InTheTrees


    JCabot wrote: »
    Why purchase one on amazon when one of the biggest metal detector manufactors is based in Cork. Minelab in Bandon.

    :eek:

    Thats funny.

    I dont think Amazon.co.uk will ship MD's to ireland will they?


  • #53
    JCabot
    Registered Users Posts: 90 ✭✭JCabot


    slowburner wrote: »
    It is illegal to use metal detectors to search for archaeological objects, anywhere on this island, and that includes beaches and your own back garden.
    If you use a metal detector, the onus is on you to prove that you were not using the device to search for archaeological objects, and that is next to impossible.

    Those who feel they have a right to use a metal detector may well be confused because they seem to be unable or unwilling, to accept the law.
    The law is very clear, if you want to use a metal detector, you either need a license or you need to prove that you were not searching for archaeological objects.


    See this post for further information.

    There no need to draw conculsions about someones character based on a interpretation of law. The lady Mary C who signed that letter is not a representitave of the law and what she writes is not clear. The key word is to "search for archaeological objects" in Ireland. So as long as you use a metal detector outside known archaelogical site without intention to search for such objects its ok.

    No-where is it written in Irish law that it is a requirement to prove that you were not searching for archaeological objects. I can undersatnd needing to prove this if found on a known archaelogical site but not in a location outside that has no known historical interest.

    As for the sale of these units if its totally illegal why have the garda not closed the Cork based Minelad manufacturing company down.


  • #54
    nuac
    Registered Users, Registered Users 2 Posts: 6,769 ✭✭✭nuac


    The lady who issued the letter is a senior official in the National Museum. Until she is contradicted by someone of equal authority I believe her.

    Many who used detectors are hoping to find something valuable. They may disturb the site and destroy archeological evidence which has been undisturbed for many centuries


  • #55
    slowburner
    Moderators, Science, Health & Environment Moderators Posts: 5,221 Mod ✭✭✭✭slowburner


    JCabot,
    Ill informed legal opinions are risky things to commit to print in the public domain.
    Extracts from the relevant acts are below.
    These acts are still very much in force.
    (6) Where in a prosecution for an offence under this section it is proved that a detection device was being used, it shall be presumed until the contrary is proved that the device was being used for the purpose of searching for archaeological objects.
    http://www.irishstatutebook.ie/1987/en/act/pub/0017/sec0002.html#sec2


    The following section is also pertinent.
    26.—(1) It shall not be lawful for any person...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.
    http://www.irishstatutebook.ie/1930/en/act/pub/0002/sec0026.html#sec26


  • #56
    JCabot
    Registered Users Posts: 90 ✭✭JCabot


    Exactly the law relates to Restrictions on use of detection devices. Subject to the provisions of this section a person shall not—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 in an archaeological area that stands registered in the Register, or in a restricted area at a place other than a place specified in paragraph (a) of this subsection and a detection device for the purpose of searching for archaeological objects.

    So totally legal if not used in any of the above mentioned sites and totally legal if used not in the persuit of archaelogical items. I have checked this out with a solictor and my local garda station.

    The lady who issued the letter in the National Museum did not say it was totally illegal she said it was illegal to use a metal detector to search for archaeological objects in Ireland and also illegal to dig or excavate a archaeological object Thats like saying its totally illegal to smoke because the barman in your local pub said so when he meant it was illegal within his bar and other bars like his.


  • #57
    slowburner
    Moderators, Science, Health & Environment Moderators Posts: 5,221 Mod ✭✭✭✭slowburner


    (6) Where in a prosecution for an offence under this section it is proved that a detection device was being used, it shall be presumed until the contrary is proved that the device was being used for the purpose of searching for archaeological objects.
    Which part of this do you not understand?

    I have no desire to take part in a conversation where the law is being blatantly misinterpreted, misrepresented, and distorted.
    You can only bang your head against a brick wall for so long.


  • #58
    JCabot
    Registered Users Posts: 90 ✭✭JCabot


    slowburner wrote: »
    Which part of this do you not understand?

    I have no desire to take part in a conversation where the law is being blatantly misinterpreted, misrepresented, and distorted.

    I totally understand and you are over reacting .
    • How is the law being blatantly misinterpreted when I have the backing of a solictor who has reviewed the National Monuments Act and I have also spoken to the garda.
    • Again the quotation stated is in relation to proving purpose after commiting an offence. Yet this offence is related to use on illegal sites and I can totally understand to be found on a historical site with a detector being presumed up to no good.
    • In fact to quote excerpts from the National Monuments out of contects is distorting the law.
    Exactly you can only bang your head against a brick wall for so long. If you want advice on this act don't take my word for it, print it off and talk to someone who understands law, not someone who works in a musume whos expertises is archaeology or a unknown fourm posters.


  • #59
    dubhthach
    Registered Users, Registered Users 2 Posts: 3,284 ✭✭✭dubhthach


    Folks this isn't a legal forum, if you want to discuss the legal position of Metal detectors take it there. I'm locking this thread.

    -Mod


This discussion has been closed.
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