Welcome from New Mexico.
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I have no Idea how old ths info is but this is what I found.
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FRANCE
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. However see appendix (L542) adopted in 2004.
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.
Appendix (L542)
Art L542: No one can use equipment allowing metal target detection, to search monuments for objects of interest to pre-history, history, art or archaeology, without having first obtained an administrative authorisation, which may be given depending on the qualification of the applicant, as well as the nature of and reason for the research. Those who contravine are liable ti fines within the band class 5. The purpose of this regulation is the protection of archaeological sites. The authorisation of archaeological research using metal detectors requires the permission of the prefect of the area concerned.
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In broad terms the law says that to search on any land be it your own or someone elses, not only do you have to have the landowners permission in writing, but by virtue of the fact that you are searching for objects which could concern/interest prehistory, art or archaeology you are required to obtain administrative authority from the Prefect of the Region. This authority comes in the form of a license which may be issued after reference to the searchers identity, competance, experience and method of searching. Regard is also taken of the location, scientific objective and the duration of the searches to be undertaken.
Failure to take notice and act upon this could result in the confiscation of the metal detector being used and a fine.
It is believed that beach detecting falls outside of this law.
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Translated into English. The new French regulations conceirning digging/searching and picking up relics from French battlefields;
.....On our first search day (we had the intention to dig very carefully), we are deep in the forest when we got caught by a Forestier. A Forestier, is a French forester. Some Forestier has something more judicial powers then the foresters we are used to. Adorned with gun and handcuffs he told us the following:
1. The battlefields of France have been declared to historical sites of the French state;
2. All items in or on the battle fields is owned by the state;
3. Taking something / or picking up is the theft of the French state;
How futile, rusty or trivial picked up the article may be the law condemns it as theft of the French state for which the fines are strict.
However, if they have the impression it has to do with tourists with a purpose other than a 'souvenir' pick is also another law (eg in the Somme, Champagne, Verdun, Meuse and Argonne)
Have in possession:
1. a detector, or
2. spades, digging tools (a garden spade is too much), or
3. parts or components of ammunition;
Then immediate confiscation of their vehicle until the fine (FF 20,000 / € 3100, -) is payed. The French government is willing to containment of the offender (s) until this decision is respected.
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Hope this helps!
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« Last Edit: August 26, 2011, 07:32:38 am by homefire »
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