Archaeological Laws of the British Isles

The laws pertaining to archaeology of the British Isles are not numerous and many are outdated. More importantly, they are not regularly enforced. Looting has become a serious threat to archaeology.

Britain

The principle law in Britain is the Ancient Monuments and Archaeological Areas act of 1979. Many archaeologists feel that the act is showing its age. Part two of the act, which was originally thought to be quite innovative, is now seen as needing major refinement. It provided for the designation of areas of archaeological importance within which forthcoming development would be notified, followed by the opportunity for archaeological recording. It sounded good, but for all intents and purposes did little; for while it implied an area that was to be cherished, all it provided for was access in advance of destruction, and not much access at that. Secondly, there was nothing in the act to say who should pay for the work, and access without resources is no formula for action. Thirdly, only a handful of areas have ever been designated. Part two currently remains unresolved. Metal detectors and detectorists (people who "treasure hunt" as a hobby) are quite detrimental to archaeology in Britain. The archaeological finds by these people are enormous and probably number in the hundreds of thousands a year. Although some do report their finds, the majority don't and artifacts end up being unreported in private collections Unfortunately, the laws regulating treasure hunting and looting have rarely been enforced against offenders. Since 1988, there have been only nine successful prosecutions, all brought under the Theft Act. Detecting may be a very hard problem to deal with. As of present, there are no laws to prevent it as long as the landowner gives permission for these people to treasure hunt on their land.

Ireland

Since 1930, under the National Monuments Act, the excavation, export, and the conservation of archaeological objects has been regulated by license. The act also required all archaeological finds to be reported to the national museum. By the 1970's, Ireland had the same problem as Britain, and the law didn't work well due to metal detection and a new trade in looted artifacts found by treasure hunters. However, Ireland has had better results in combating these problems. In 1987, it became illegal to search for archaeological objects with a metal detector and other electronic detecting devices. In addition, it also became an offense to dive on a site or wreck older than 100 years without a license. A ban on certain magazines and newsletters which promote treasure hunting was also instituted. Presently, Ireland has an immensely strong legislative framework that allows museums to call the police and other state agencies and to threaten looters unless they come clean about antiquities they have looted.

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