The use of metal detectors was controlled by the use of the war time Patrimony Act 1941 but, on the 18 December 1989 Law Number 89-900 (NOR: MCCX8900 163L) was adopted which states:
Article 1: No one may use metal detecting equipment for the purpose of searching for monuments and objects which could interest (concern?) prehistory, history, art or archaeology without first having obtained administrative authorisation issued according to the qualification of the applicant and also the nature and method of searching.
Article 2: All publicity and instructions on the use of metal detectors must carry the warning of the prohibition stated in Article 1, the penalties involved and also the reason for this legislation.
Article 3: Every infringement of the present law will be noted by officers, police agents and other law enforcement officers, as well as by officials, agents and guardians of Article 3 of the law number 80-532 of 15 July 1980 relative to the protection of public collections against acts of vandalism.
Article 4: The reports drawn up by the various persons designated by Article 3 above will, until proved to the contrary, be given or sent, without delay, to the public prosecutor of the Republic in the jurisdiction where the offence was committed.
Under French law the enactment of legislation is followed by the Decree which determines how the law will be applied. In this case the Decree states:
Article 1 The authorisation to use metal detectors, provided for by Article1 of the 18 December 1989 Law is granted, on the demand of the interested party, by the license of the Prefect of the region in which the land to be searched is situated.
The request for authorisation must establish the identity, competence and experience of the applicant as well as the location, scientific objective and the duration of the searches to be undertaken.
When the searches are to be carried out on land which does not belong to the applicant, the written application must be accompanied by a document of consent written by the owner of the land and, if appropriate, anyone else who has the right.
Article 2 Anyone who uses a metal detector to carry out searches of the sort described in Article 1 of the Law without having first obtained the authorisation required or who does not observe the requirements described in Article 1 of this Decree will be punished by the fine applicable for contraventions of the fifth class.
The equipment used in the infringement will be confiscated.
Article 3 Whoever publicises or draws up publicity for, or draw up information about the use of metal detectors and fails to draw attention to the requirements of Article 2 of the Law will be punished according to the penalties applicable for offences of the fifth class.
Beaches are believed to be outside this Law.
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