Regulation and practice on the use of metal detectors in Estonia

1. Regulation and practice on theuseofmetaldetectorsin Estonia Armin Rudi NationalHeritageBoard

2. General information about Estonia • Area 45 000 km2 • Population 1 400 000 • Protectedarchaeologicalsites 6700 • Number ofarchaeologists 60 - 70 • Staffofthe NHB 52 incl. 8 archaeologist • Licensedprivatefirms 8 + 2 universities • Permissionsforexcavationsperyear 130 • Number ofdetectorusers 400 – 1000 (?) • Clubs - 6

3. Characteristic for Estonia:Relatively large number of 10th – 12th century coin hoards and rare coinsNumerous hoards from the end of the 17th – beginning of the 18th century Vilnius 2012

5. Heritage Conservation Act Amendment Act came into force on 1 June 2011

6. § 30. Finding of cultural value • A finding of cultural value is a movable found in the ground or on the surface of the ground, inside a structure, inside a construction, under water or in the sediment of a body of water, which is either a natural feature or has historical, archaeological, scientific, artistic or other cultural value and which has no owner or the owner of which cannot be ascertained

7. § 30. Finding of cultural value • Findings of cultural value belong to the state. • A finder or possessor of a thing specified in subsection 1 is required to permit National Heritage Board to identify the thing.

8. § 301. Searching with a searching device for a thing of cultural value • (1) It is prohibited to search with a searching device for a thing specified in subsection 30 (1) of this Act without a searching licence for a thing of cultural value (hereinafter searching licence) issued by National Heritage Board with a term of one year. • For the purposes of this Act, a searching device is a technical device or device, excluding navigation device, which allows determining the location of a thing specified in subsection 30 (1) of this Act.

9. § 301. Searching with a searching device for a thing of cultural value • (2) It is prohibited to search with a searching device on immovable monuments and in their protected zones, except for performance of duties or studies approved by National Heritage Board.

10. § 301. Searching with a searching device for a thing of cultural value(4) Persons of at least 18 years of age who have completed training during which they have acquired the skills to recognise a thing of cultural value and not to damage a found thing or its place, have the right to apply for a searching licence.

11. 6) National Heritage Board shall revoke a searching licence if an owner of a searching licence violates the requirements pursuant to this Act or legislation issued on the basis thereof.

12. § 33. Entitlement to finder's reward • (1) A finder of a thing specified in subsection 30 (1) of this Act, except underwater sunk water craft, aircraft or other vehicle, is entitled to finder's reward. The amount of finder's reward is determined by National Heritage Board on the basis of an expert assessment. The natural, historical, archaeological, scientific, artistic and other cultural values of a thing and circumstances of finding and delivery to state are taken into consideration in determining a finder’s reward. The procedure for paying finder’s reward shall be established by a regulation of the Government of the Republic.

13. Rewards 2010-11 4000 € 6000 € 1000 € 800 € 1000€

14. Finder's reward 100 000 €

15. (4) Finder’s reward shall not be paid on the following cases: • 1) finder’s duties include searching for and excavating things specified in subsection 30 (1) of this Act or studying monuments or supervising compliance with requirements concerning heritage conservation; • 2) finder has violated the obligations specified in section 32 of this Act; • (3) A finding of cultural value may be transferred free of charge on the basis of National Heritage Board’s expert assessment without determining a finder’s reward to the finder.

16. § 46. Violation of requirements related to a finding of cultural value • Not informing of a finding of cultural value, also removing a finding of cultural value or its part from their initial location, also knowingly damaging a finding of cultural value, its part or archaeological cultural layer is punishable by a fine of up to 200 fine units. • The same act, if committed by a legal person, is punishable by a fine of up to 2000 euros.”;

17. § 461. Using a searching device without permission • Using a searching device without a searching licence issued by National Heritage Board for the purpose of searching things of cultural value is punishable by a fine of up to 300 fine units.

18. § 462. Violation of the prohibition on searching on immovable monuments and in their protected zones • Violation of the prohibition on searching on immovable monuments and in their protected zones is punishable by a fine of up to 300 units.

19. § 481. Confiscation of a searching device • (1) National Heritage Board or court may apply confiscation of a searching device which was the direct object of a misdemeanour provided in sections 46–462 of this Act according to section 83 of the Penal Code. • (2) The procedure for storage, transfer and transfer for destruction of a searching device confiscated according to subsection 1 of this section shall be established by a regulation of the Minister of Culture.”

20. Thank you!