Search for treasure with a metal detector It is an activity that can be very entertaining, but for which various legal parameters must be met. You can find all kinds of lost objects, but, for example, if you come across ancient coins, jewelry or archaeological remains, within Spain certain laws apply that aim to protect the country’s historical and cultural heritage.
If you are determined to use a metal detector, it is recommended that you know the current legislation so that you do not engage in any criminal activity, as well as other aspects that you should take into account. We explain all the details in this article.
What you should know to ‘search for treasure’ with a metal detector
Using a metal detector is not an illegal activity in itself, however, you do have to take some precautions into account and, above all, respect the legislation in force in your territory. You should also know that not all areas can practice this entertainment activity.
Legislation on the use of metal detectors
In Spain there is a national standard, the Law 16/1985, of June 25, on Spanish Historical Heritageapproved to control activities that may affect said assets. These include the use of metal detectors, and it is clearly established that if objects with archaeological or cultural value are obtained, these will belong to the State.
If you find a one euro coin that is legal tender, you could keep it, but if you find objects with historical value you will be obliged to notify the authorities so that they can register and protect them.
Furthermore, this law dictates that any activity that could harm an archaeological asset must have prior authorization. This means that, depending on the autonomous community or area you are in, you must request a permit to use the metal detector without committing a crime.
Despite the general framework covered by Law 16/1985, some autonomous communities have their own rules, which you must take into account. They are the following:
– Andalusia: According to Law 14/2007, of November 26, on the Historical Heritage of Andalusia, you need a permit from the Ministry of Culture for any activity you want to carry out in public and private places using metal detectors. Permit issuance can take up to three months.
– Valencian Community: Decree 30/2017 dictates that, to use a metal detector, you will need authorization from the General Directorate of Culture and Heritage. The law applies to beaches and any location that is not protected in relation to its proximity to archaeological zones.
– Navarre: If you are going to use the metal detector in a public space, you will need a permit. If it is an archaeological space, the use of the device is prohibited.
Where you can use metal detectors and where it is prohibited
In general, using a metal detector is restricted throughout Spain:
– Archaeological spaces and historical buildings: You will not be able to use a metal detector in places declared as an Asset of Cultural Interest (castles, historical remains…).
– Natural parks: They have their own laws designed to protect the natural integrity of the area, therefore, the use of metal detectors is prohibited.
– Protected beaches: In them you can only use the detector if you have a permit from the local authority. However, if you find an object with historical value, you must hand it over to the authorities.
However, you can use this device in open spaces without interfering with the free movement and recreation of people, such as parks, trails, recreation areas and areas that do not have sensitive fauna and flora. You should not alter the terrain you are on because you could commit a crime.
You can also use the detector on most beaches, however, before doing so, we recommend that you check with the authorities in the area to find out if you must request a permit before proceeding with this activity.
Sanctions
If you do not respect current legislation, you should know that fines can reach up to 150,000 euros if you use the detector to recover archaeological objects without authorization.
In the case of not reporting your discovery and stealing objects with cultural value, the penalty can be one to three years in prison. On the other hand, if you are only caught using the detector without authorization, but you have not committed any other crime, the usual fine is between 300 and 900 euros.
In any case, the fines and sanctions will depend on the action committed and the area in which you are located, taking into account the legislation in force in that location.