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Mainland Europe Should Copy UK Treasure Laws

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Pillar of the Community
austrokiwi's Avatar
2087 Posts
 Posted 11/08/2013  10:47 am Show Profile   Bookmark this topic Add austrokiwi to your friends list Get a Link to this Message Number of Subscribers
IN Greece Austria and Germany and most other countries metal detecting is banned, and the punishment for such activities as high. IMHO to save archaeological finds Europe needs to adopt UK like laws in this area:

one example:

http://www.nzherald.co.nz/world/new...tid=11154138


IMHO without the laws the black market thrives making destruction of archeological sites more likely!
Edited by austrokiwi
11/08/2013 10:48 am
Pillar of the Community
Germany
1238 Posts
 Posted 11/08/2013  3:27 pm  Show Profile   Bookmark this reply Add chrisild to your friends list Get a Link to this Reply
Maybe the UK should first of all apply such laws to the UK. ;) As far as I know, the Treasure Act applies to England and Wales (not sure about N.I.) but not to Scotland. In Germany the law depends on the state - using metal detectors is basically possible but pretty strictly limited. In many cases you need some kind of license, and there are places where you cannot it at all.

Then there is the question of who is the "rightful" owner of treasures found in the ground. The state where I live (North Rhine Westphalia) used to apply the general principle that finds which can no longer be "assigned" to an owner become property of the finder and the land owner. (Hadrianische Teilung in German.) A few months ago this changed - now the Schatzregal applies, like in the other German states. The only exception is Bavaria. In NW, with the new legal situation, you are at least supposed to get some kind of compensation.

The official reason for the change in this state is that before people would claim that a treasure was found in NW (or BY) even if it was actually found elsewhere. Now they would have to claim it is from Bavaria. ;)

Don't actually have a "final" opinion here. On one hand, I do not want illegal searchers to destroy the "context" of a find, and/or to grab whatever they get and sell it on the black market. On the other hand, why should a detectorist be entitled to keep half of a treasure? Is it OK that the government has to come up with (sometimes lots of) money so that the finds can be in some museum?

Christian
Bedrock of the Community
sel_69l's Avatar
Australia
21786 Posts
 Posted 11/08/2013  7:04 pm  Show Profile   Bookmark this reply Add sel_69l to your friends list Get a Link to this Reply
I know very little about European Laws regarding treasure trove.
What do I read about is that when old coins are recovered from the ground in Europe, they are regarded as national treasure, and the detectorists who find interesting coins have difficulty in keeping them lawfully, so unlawful alternatives are seriously considered.

That is a great pity.

The treasure trove laws in England are far more rational and fair. The museums get those pieces that are essential in describing National heritage, and with reasonable compensation, the detectorist will hand these pieces to the museums.

However, and most importantly, the detectorist IS considered, and under prescribed lawful conditions, can get to keep his finds. This is the sort of legal approach that SHOULD be used to get genuine and numismatically interesting detecrorist finds into the the market, for all to enjoy.

If such a legal system similarly used in Europe, then it would help to curtail the appearance some of the most deceiving fakes that currently find their way into the numismatic market place.
Edited by sel_69l
11/08/2013 7:05 pm
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