Is Metal Detecting for archaeological objects legal in the Irish Republic? "Summary of Key Points
The unregulated and inappropriate use of detection devices
causes serious damage to Ireland’s archaeological heritage and is subject to
severe penalties under the National Monuments Acts 1930 to 2014
It is illegal
to be in possession of a detection device at monuments and
sites protected under the National Monuments Acts
to use a detection device to search for archaeological
objects anywhere within the State or its territorial seas; without the prior
written consent of the Minister for Culture, Heritage and the Gaeltacht
Archaeological objects are broadly defined in the National
Monuments Acts and objects may come within the terms of the definition
regardless of their age or degree of antiquity, e.g. 20th century material
It is illegal to promote the sale or use of detection
devices for the purposes of searching for archaeological objects
It is illegal to dig or excavate for archaeological objects,
or to dive on a protected wreck, anywhere in the State or its territorial seas,
without the prior written consent of the Minister
Anyone who finds an archaeological object must report it to
the National Museum of Ireland or designated local museum within 96 hours
Only the Minister for Culture, Heritage and the Gaeltacht
may grant consent to use a detection device for archaeological purposes –
membership of any organisation or body or the sourcing of equipment from a particular
supplier does not provide compliance with the law.
Introduction
The unauthorised use of detection devices to look for
archaeological objects contravenes the law in Ireland, as set out in the
National Monuments Acts 1930 to 2014.
Such usage is subject to severe penalties, including imprisonment and/or fines.
The categories of objects that are most commonly located by metal detectorists
in Ireland, such as coins, tokens, buttons, clothes fasteners, thimbles, keys,
seals, weights, strap ends and belt mounts, all fulfil the definition of
‘archaeological objects’ which may only be searched for under licence from the
Minister for Culture, Heritage and the Gaeltacht. Therefore it is advisable not
to engage in any general searching for lost or buried objects as to do so may
place you at risk of prosecution and also endanger the archaeological heritage.
How can metal detecting cause damage to archaeological sites
and objects?
Unregulated and inappropriate use of metal detectors causes
serious damage to Ireland’s archaeological heritage. Unsupervised recovery of
archaeological objects by untrained and unlicensed users of metal detectors can
greatly diminish, or can entirely eliminate any knowledge or research value
that might be gained from a particular discovery.
Archaeological objects must be excavated in a structured scientific manner,
with careful recording of their association with other objects, structures,
features and soil layers. Failure to expertly record the context from which an
object has been removed results in an irreplaceable loss of knowledge of the
past.
Random searches with metal detectors cannot determine whether a find is of
archaeological importance or if it is a recent discard. The result in either
case is that the soil or setting is greatly disturbed and any non-metallic
evidence and objects are likely to be destroyed.
What is the law on metal detecting?
To prevent damage to our archaeological heritage by the unauthorised use of
metal detectors, the National Monuments Acts 1930 to 2014 regulate the use of
metal detectors for archaeological purposes throughout the State of Ireland and
its territorial seas.
Unless you have formally applied for and received consent in writing from the
Minister for Culture, Heritage and the Gaeltacht under the National Monuments
Acts, it is against the law:
to be in possession of a detection device in, or at, a site
protected under the National Monuments Acts. This includes:–
a monument subject to a Preservation Order
a monument in the ownership or guardianship of the Minister
or a local authority
a monument entered in the Register of Historic Monuments
a monument included in the Record of Monuments and Places
the area around a wreck subject to an underwater heritage
order
to use a detection device for the purpose of searching for
archaeological objects anywhere within the State or its territorial seas.
The penalty for an offence in relation to the above is a
fine of up to €63,486 and/or up to 3 months imprisonment.
Anyone using a metal detector in contravention of the above restrictions and
who, following detection of an archaeological object, digs to retrieve the
object without an excavation licence may be guilty of an additional offence
under the National Monuments Acts.
Can I search for archaeological objects without a metal
detector?
Unless you have a licence from the Minister for Culture, Heritage and the
Gaeltacht, it is also an offence to dig or excavate for the purpose of
searching for archaeological objects, or anything of archaeological interest,
even though you may not be using a metal detector. It is also an offence to
dive on a wreck that is 100 or more years old, or which is subject to an underwater
heritage order, or to search for archaeological objects located underwater,
without being in possession of a formal consent from the Minister.
The penalty for this offence is a fine of up to €126,972 and/or up to 12 months
imprisonment.
What is the law in relation to the promotion of the sale or
use of metal detectors to search for archaeological objects?
Under the terms of the National Monuments Acts 1930 to 2014 it is illegal to
promote, whether by advertising or otherwise, the sale or use of detection
devices for the purpose of searching for archaeological objects. The penalty
for those found guilty of this offence is a fine of up to €2,500.
What is an “archaeological object”?
The term ‘archaeological object’ is defined in the National Monuments Acts 1930
to 2014 and has a broad meaning in terms of type and age of objects.
Commonplace objects of relatively recent date such as coins and militaria,
including 20th century material, may fall within the category of
‘archaeological object’. Such objects may come within the terms of the
definition regardless of their date and degree of antiquity. It may not be
apparent until an object has been dug up that it is an archaeological object.
In that event, the damage will already have been done and an offence is likely
to have been committed.
Where should I report the finding of an archaeological
object?
Under the terms of the National Monuments Acts 1930 to 2014, ownership of any
archaeological object with no known owner is vested in the State. Anyone who
finds an archaeological object must report it within 96 hours to the National
Museum of Ireland or to a Designated County or City Museum in the locality.
Anyone found guilty of an offence under these provisions is subject to a fine
of up to €111,100 and/or 5 years imprisonment.
It is also a requirement of the Acts that anyone who finds a wreck that
is more than 100 years old lying on, in or under the seabed, or in land covered
by water, must report the find within 96 hours to An Garda Síochána or the Department
of Culture, Heritage and the Gaeltacht.
What is the general advice to the public on the use of metal
detectors?
It is against the law to engage in general searches for archaeological objects
in Ireland using a metal detecting device unless you have received written
consent from the Minister for Culture, Heritage and the Gaeltacht. To do so
without such consent places you at risk of prosecution. The onus is on the
operator to ensure that a metal detector is used in accordance with the law.
While it is illegal to use a metal detector anywhere to search for
archaeological objects without the formal consent of the Minister for Culture,
Heritage and the Gaeltacht, it is an offence to even be in possession of a
metal detecting device without the Minister’s consent on the site of any
monument or archaeological area protected under the National Monuments Acts.
This also applies to areas which are subject to underwater heritage orders made
under the National Monuments Acts.
There are around 130,000 archaeological monuments located all across the State
which are protected under the terms of the National Monuments Acts 1930 to
2014. In many cases, there may be no surviving above ground remains and it may
not be immediately apparent that there is the site of a protected monument at a
particular location.
The locations of recorded monuments are identified on the website of the
National Monuments Service of the Department of Culture, Heritage and the
Gaeltacht, www.archaeology.ie.
Who is responsible for granting consents and licences under
the National Monuments Acts?
Only the Minister for Culture, Heritage and the Gaeltacht is authorised to
grant consent to use a metal detector for archaeological purposes within the
State and to license archaeological excavations. There is no other form of
legal authorisation or approval to detect for archaeological objects. Detection
consents and licences are only given to named individuals for specific sites.
Licences are never issued collectively or through an intermediary.
You do not have a Ministerial consent to detect or any other authorisation to
use a metal detector for archaeological purposes as a result of any of the
circumstances below:
your membership of any organisation or body;
l your level of training in the use of metal detectors;
l your use of a particular type/brand of metal detector;
l obtaining your metal detector from a particular supplier
or source.
What is the policy of the minister in relation to consents for
use of metal detectors?
As a general rule, the Minister for Culture, Heritage and the Gaeltacht will
not grant consents for the use and/or possession of metal detectors except to
suitably qualified archaeologists or persons who will be working under professional
on-site archaeological supervision.
Before consent to use a metal detector is issued, the applicant will have to
make clear that the use of the device is in accordance with best archaeological
practice. This is achieved through the submission of a detailed method
statement setting out the proposed work programme for assessing a site and
achieving the greatest possible level of archaeological knowledge from the work
undertaken.
What if I discover an archaeological object by chance?
The information and regulatory provisions outlined here do not in any way
affect those who may find archaeological objects by chance – for example in the
course of farming activity – provided the find is reported in accordance with
the advice in Paragraph 6 above. It is normal practice to pay rewards to
finders of archaeological objects discovered in legitimate circumstances and
reported to the National Museum of Ireland
Where can I get further information?
The legislation governing the usage of detection devices and provisions
relating to the discovery and reporting of archaeological objects is available
online at: www.irishstatutebook.ie
For further information, you may also contact:
National Monuments Service, Department of Culture, Heritage
and the Gaeltacht, Custom House, Dublin 1; Email –
nationalmonuments@chg.gov.ie; Tel: 01-8882178
The Duty Officer, Irish Antiquities Division, National
Museum of Ireland, Kildare Street, Dublin 2; Email – antiquitiesdo@museum.ie;
Tel: 01-6777444
This document is intended only as a general guide to the provisions of the
National Monuments Acts relating to metal detection devices and is not a legal
interpretation of those Acts. The full text of the National Monuments Acts 1930
to 2014, and of other legislation that may be applicable, is available on www.irishstatutebook.ie.
Contact Details
National Monuments Service
Department of Culture, Heritage and the Gaeltacht, Custom House, Dublin 1
Email - nationalmonuments@chg.gov.ie
Tel: 01-8882178
www.archaeology.ie
The Duty Officer
Irish Antiquities Division, National Museum of Ireland, Kildare Street, Dublin
2
E-mail: antiquitiesdo@museum.ie
Tel: 01-6777444
www.museum.ie"
https://www.museum.ie/en-IE/Collections-Research/The-Law-on-Metal-Detecting-in-Ireland?fbclid=IwAR0Xe626Fa28iVYeGcriOXtDAMue2Dwe0jsZ387mO_V1Ku7Huk5ZEpijC40"
Similarly the National Monuments Service is in complete agreement
"It is against the law to engage in general searches for
archaeological objects in Ireland using a metal detecting device unless you
have received written consent from the Minister for Arts, Heritage and the
Gaeltacht. To do so without such consent places you at risk of prosecution. The
onus is on the operator to ensure that a metal detector is used in accordance
with the law. While it is illegal to use a metal detector anywhere to search
for archaeological objects without the formal consent of the Minister for Arts,
Heritage and the Gaeltacht, it is an offence to even be in possession of a
metal detecting device without the Minister’s consent on the site of any
monument or archaeological area protected under the National Monuments Acts.
This also applies to areas which are subject to underwater heritage orders made
under the National Monuments Acts."
https://www.archaeology.ie/sites/default/files/media/publications/advice-on-use-of-metal-detection-devices.pdf
But I'm not trying to detect for an archaeological object?
"The National Monuments Service also explained that, with
respect to this law, the term ‘archaeological objects’ is very broadly defined,
regardless of the object’s age or ‘degree of antiquity’.
For example, it is possible, according to the service, for an object dating
from as recently as the 20th century to be classed as an ‘archaeological
object’."
https://www.agriland.ie/farming-news/farmers-ensure-food-security-we-should-ensure-security-for-farmers/?fbclid=IwAR2GY54LHzMlZw2kjFWZgstlx08oDvEFvob8ZMLP-hDWugiC_Jj9GB0Yyyc
But I'm not detecting near any known archaeological sites?
Thousands of new archaeological sites are found and recorded in Ireland on a yearly basis. Therefore yes if you detect in Ireland you are near a potential archaeological site.
https://www.independent.ie/business/farming/news/farming-news/farmers-urged-to-be-careful-as-raft-of-ancient-sites-discovered-across-ireland-39214703.html
If I'm caught I won't be prosecuted?
Yes a number of successful prosecutions have been made.
https://www.independent.ie/irish-news/raiders-of-the-lost-artefacts-are-nabbed-by-gardai-26041115.html
https://www.independent.ie/regionals/droghedaindependent/news/metal-detector-man-on-beach-is-fined-500-27122324.html
https://www.thejournal.ie/dead-treasure-hunters-loot-of-899-artefacts-returned-to-irish-museum-919430-May2013/https://www.limerickpost.ie/2019/04/08/gardai-recover-3000-year-old-bronze-age-axe-after-illegal-unearthing-with-metal-detector-in-limerick/
We should set-up a scheme that makes metal detecting legal and detectorists will report their finds (Similar to PAS in the UK).
This report suggests these schemes aren't successful.
https://www.researchgate.net/publication/314510322_Quantitative_analysis_of_open-source_data_on_metal_detecting_for_cultural_property_Estimation_of_the_scale_and_intensity_of_metal_detecting_and_the_quantity_of_metal-detected_cultural_goods
Finally
Ultimately whatever loopholes a person thinks they have to metal detect in the Irish Republic may have to be examined in a criminal court case against the person using the metal detector. So you can go on what the National Museum of Ireland and the National Monuments Service publish or some person on the internet with no legal qualifications.
