Historic Environment (Wales) Act 2023 (asc3)

Prospective

PART 2 E+W MONUMENTS OF SPECIAL HISTORIC INTEREST

CHAPTER 7 E+W GENERAL

Damage to monuments E+W

60 Restrictions on use of metal detectors E+W

(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—

  (a)

  the site of any scheduled monument, or

  (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.

Commencement Information

I1 S. 60 not in force at Royal Assent, see s. 212(2)