PART 2MONUMENTS OF SPECIAL HISTORIC INTEREST

CHAPTER 7GENERAL

Damage to monuments

I160Restrictions on use of metal detectors

1

In this section—

  • “consent” (“cydsyniad”) means the written consent of the Welsh Ministers;

  • “metal detector” (“datgelydd metel”) means any device designed or adapted for detecting or locating any metal or mineral in the ground;

  • “protected place” (“man gwarchodedig”) means—

    1. a

      the site of any scheduled monument, or

    2. b

      the site of any monument under the ownership or guardianship of the Welsh Ministers or a local authority by virtue of Chapter 6.

2

A person commits an offence if the person uses a metal detector in a protected place without consent to do so.

3

A person given consent to use a metal detector in a protected place commits an offence if the person, in using the metal detector in that place, fails to comply with any condition attached to the consent.

4

A person commits an offence if the person, without consent to do so, removes any object of archaeological or historical interest which the person has discovered by the use of a metal detector in a protected place.

5

A person given consent to remove or otherwise deal with any object which the person discovers by the use of a metal detector in a protected place commits an offence if, in removing or otherwise dealing with the object, the person fails to comply with any condition attached to the consent.

6

In any proceedings for an offence under subsection (2) it is a defence for a person to prove that the person used the metal detector for a purpose other than detecting or locating objects of archaeological or historical interest.

7

In any proceedings for an offence under subsection (2) or (4) it is a defence for a person to prove that the person—

a

had taken all reasonable steps to find out whether the place in which the metal detector was used was a protected place, and

b

did not know, and had no reason to believe, that the place was a protected place.

8

A person guilty of an offence under subsection (2) or (3) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

9

A person guilty of an offence under subsection (4) or (5) is liable on summary conviction, or on conviction on indictment, to a fine.