While discoveries made on a Florida beach may be considered under the general “explorer-conservationist” rule, everything in the water is subject to different laws. If a metal detector operator dives with your equipment, you need to pay attention to the area you are in and any discoveries made there. Properties that have been in Florida waters for more than 50 years are considered state property and it is illegal for private operators to reclaim them. In addition, the waters adjacent to national parks are taboo for treasure hunters of all kinds. The recommended distance is 1 km, but may vary depending on the range, our recommendation is to extend the distance as much as possible so as not to fall into illegality. For the beaches of the Valencian Community we find a list of beaches where the practice of metal detectors would be prohibited due to their archaeological wealth. Beaches that do not appear on the list can be used free of charge with metal detectors. Well, no: in France, if a treasure is found using a metal detector, the law states that the discovery was unexpected and therefore that the treasure belongs to the owner of the land on which it was found. Thus, the use of detectors for archaeological purposes without authorisation constitutes a serious offence, punishable by penalties of up to 150,000 euros and the confiscation of the utensils used. In addition, damage to property of historical, artistic, scientific, cultural or monumental value or to archaeological, terrestrial or underwater sites is punishable in the Penal Code by prison sentences ranging from six months to three years or a fine of twelve to twenty-four months, the Navarra government said.
This article contains ambiguity, since searching for a supposed treasure using a metal detector should theoretically be a sporadic pastime rather than an activity aimed at locating objects of historical interest. Finally, any user of a metal detector should be aware that the discovery of archaeological remains by this system does not have the legal status of an accidental discovery, so that it does not lead to the award of the discovery prize provided for in Article 64 of Regional Law 14/2005 on the Cultural Heritage of Navarra. The regulations that prevail regarding the use and use of metal detectors are the autonomous legislation of each Autonomous Community compared to those that affect the entire national territory, since the legislation is not very clear and the rules of archaeology and the environment apply. According to Article L542-1 of the law on the protection of historic monuments, those who wish to use a metal detector to search for objects likely to have a historical, artistic or archaeological interest must obtain prior authorization from the local prefecture. The only Spanish province where the use of detectors is prohibited would be Andalusia in any part of the landscape, but for beaches it would be perfectly legal to seek a suitable permit. Sites where a metal detector cannot be used: Recommendations and forms for communicating the use of detectors and the discovery of possible archaeological remains are now accessible at this Cultura de Navarra web address thanks to recommendations for the use of metal detectors. The regulations that prevail regarding the use and use of metal detectors are the autonomous legislation of each Autonomous Community compared to those that affect the entire national territory, since the legislation is not very clear and the rules of archaeology and the environment apply. The latter states that accidental discoveries of objects of historical value belong to the responsible administration. In this case, the person who finds it has the right to receive 50% of the value of what was found, and if the discovery took place on private property, they must share half with the owner of the property, as long as they have given you permission to excavate. If he hadn`t given it to you, you wouldn`t receive anything. If you are an archaeologist or geologist and you apply for a permit, you will have to bear all the costs and give the full amount of what was found to the state without receiving any money for it.
Legitimate practices for metal detectors include agricultural use for pipe detection; infrastructure construction and maintenance; and the search for scrap metal and minerals, among others. The legality of the metal detector varies considerably from country to country, even in different areas of the same country, but in general, its unauthorized use in areas of archaeological interest is prohibited by the laws on the protection of historical heritage. On the contrary, in areas without archaeological interest, such as tourist beaches, its use is usually allowed or tolerated, although sometimes with time restrictions. In order to ensure the greatest possible protection of heritage, most countries have laws for the protection of historical heritage at the state or regional level, which require that all prospecting hold a permit, without this authorization being interpreted as the user of detectors committing a crime against heritage. For all this, it is recommended to consult the registration area if you want to use a metal detector or other detection instrument for purposes other than the search or recovery of archaeological material (for example, agricultural use to detect pipelines, construction and maintenance of infrastructure, search for scrap metal, minerals, etc.), You are viewing the recording area. Movable property and archaeology in the area to be prospected with a detector. Is it legal to buy a detector? Of course, if !!, The hobby detector is sold in Spain and throughout the European Economic Community, it pays its taxes and is sold in fully legalized dealers and department stores (Corte Inglés, Media Markt, etc.). Under Florida`s antiquities laws, violation of applicable laws regarding misuse of public lands, trespassing on private property, or illegal removal of state property is punishable by reasonable fines, imprisonment, and forfeiture of all metal detection tools and equipment.
Currently, the use of metal detectors is becoming increasingly popular among enthusiasts of searching for ancient treasures and relics, but in many cases, the use of these detection tools may conflict with the historical heritage laws of some countries. The operator of a metal detector must respect the public domain in terms of metal detection. Public property must not be damaged or disfigured in any way during the scanning or recovery of a detected item. Metal detection organizations such as the Federation of Metal Detector and Archaeology Clubs also have codes of ethics that their members must follow. This includes filling holes created during recovery attempts, removing any uncovered waste, and proper interaction with local authorities. Although the legislation on the use of metal detectors is very changeable, the laws on the protection of historical heritage generally prohibit their unauthorized use in areas of archaeological interest, as any prospecting must be allowed. In areas of no archaeological interest, such as beaches, their controlled use is usually allowed or tolerated. The common point throughout the Spanish territory is that: a) Archaeological and mineral prospecting prohibited without the authorization of the competent authorities.b) It is forbidden to enter fenced farms or even to enter through any open doors.c) Prohibitions in archaeological areas, nature reserves, historical heritage areas, properties of cultural interest. There is a European directive.
Directive 921 of 1981, which recommends that the governments of each State maintain a register of users of metal detectors and establish a licensing system. Articles 41.1 and 41.2 LPHE attempt to make prospecting and excavation subject to prior authorization resulting from the legislator`s definitions of both techniques. It follows that this law is not applicable to detectors because it does not have as its object research. (Article 76.1.f LPHE, in conjunction with 42.3 LPHE). It can be assumed that the removal of soil according to a fortuitous discovery, to which Article 42.3 LPHE, refers could lead to this type of illegal acts, but for this it must be admitted that there are accidental discoveries in a metal detector, which is quite unbelievable. From this section, the places where the detector should not be used are indicated, as there is a high probability that it contains archaeological material. This document is purely informative, so it does not imply authorization or exempt users from any responsibility in case of misuse of detectors.