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by bdhdbebebeb 598 days ago
So metal detection to search for historical artifacts is legal in UK, illegal in Ireland?
5 comments

It's more complex than that.

Firstly, the UK is three separate legal jurisdictions, each with their own rules on metal detecting: England/Wales, Scotland, Northern Ireland.

Secondly, these rules are not binary legal/illegal, but on a continuum of permissiveness. You always need some kind of permission. England/Wales is more permissive (where most non-protected land can be detected on with the landowner's permission) than the Republic of Ireland (where you need state approval to use a metal detector anywhere).

Some of the details here: https://detecthistory.com/metal-detecting/uk/

Certain artifacts are "treasure" regardless of how you find them: https://www.gov.uk/government/news/thousands-more-treasures-...
Is there any place where metal detection to search for historical artefacts is illegal on private land?
Ireland

"It illegal to use a detection device to search for archaeological objects anywhere within the State or its territorial seas; without the prior written consent of the Minister for Culture, Heritage and the Gaeltacht"

(Note "anywhere")

https://www.museum.ie/en-ie/collections-research/the-law-on-...

That, to me, implies there's a lot of unfound treasures over there... and/or a lot of illegal searching. Assuming there's interest outside of archeological value, of course.
https://www.smithsonianmag.com/smart-news/two-anonymously-se...

Some good Samaritans sometimes send in Ireland's priceless heritage to the national museum. But of course they're not going to reveal who they are, or where they found it. They don't want to go to prison. So I guess we'll never know.

Most countries have similar rules, and that's also the standard (rarely prosecuted) view in international law. The general rule of thumb is that antiquities belong to the state, anything else (like treasure hoards in the UK) is an atypical exception.
In the UK, if the site is a scheduled ancient monument then you need permission to even dig a small hole.
iirc, it is forbidden in Sweden, except if you secure government permission.
Yes, obviously it's legal in England, or the coins wouldn't have been found, reported, and ultimately sold, as per the article. It's also legal in Ireland.

There are prohibitions and licensing requirements in both countries for search of heritage sites, national monuments, and other protected sites, and reporting requirements for unintentional "heritage" finds.

I don't know the laws personally, but different nations often have different laws.