Legal background for using the metal detector for heritage protection
Act LXIV of 2001 on the protection of cultural heritage
§ 20/A (1) Use of a metal detector instrument - with the exception of the use required by law to practice the profession - can be carried out on the basis of an official permit.
(2) The use required for the practice of the profession must be reported in the manner specified by law.
(3) The authority may prohibit the use of the metal detector as specified in the law.
(4) The use of a metal detector at a registered archaeological site is considered an archaeological excavation activity.
(5) If an archaeological find or an object that appears to be such an object is found during any activity performed with a metal detector, it must proceed according to § 24, paragraphs (1)-(2).
68/2018. (IV. 9) Government Decree on the Rules on the Protection of Cultural Heritage
9. Notification of exploration activities subject to notification, as well as the use of the metal detector for the practice of the profession, as well as the notification of the necessary
§ 29 (1) The Concept. 20th The activity specified in paragraph (2) of § must be reported at least one working day before its start for each location
a) electronically to the Authority as well as
b) in the case of a protected natural area of national importance, to the national park directorate affected by its operational area.
(2) It is considered a necessary use of a metal detector for the practice of a profession, if the user of the metal detector credibly proves that the metal detector is necessary to perform his duties. A job description, a company-signed order or order is considered credible proof.
(3) the use of a metal detector for the practice of a profession
a) detection and site detection by an institution authorized to explore, with a metal detector,
b) exploration of the military historical heritage site carried out by the heritage protection body designated in the ministerial decree for the research of the military history heritage, with a metal detector.,
c) Planned ammunition de-,
d) searching for utility trail,
e) Excavation and exhumation related to war grace.
( 4) The Concept. § 20/A and the provisions of this regulation regarding the use of the metal detector shall not be applied to the performance of the tasks of law enforcement and investigative bodies, as well as to fire-making activities.
(5) In the case of point a) of paragraph (3), the notification must be made with the data content specified in Annex 7.
( 6) In the case of points b) and c) of paragraph (3), the notification must contain
a) a clear delimitation of the area affected by the use of the metal detector on a map made in an EOV system,
b) the planned time of using the metal detector,
c) the name and description of the type of metal detector intended to be used.
(7) During the performance of the activity according to point a) of paragraph (3), the body indicated in points a) and b) of paragraph (1) has the 47. The person performing the activity is obliged to keep the notification of acknowledgment according to § (3) with him during the performance of the activity and present it at the request of the body authorized to check the use of the metal detector.
(8) In the case of points b) and c) of paragraph (3), the user of the metal detector must prove that the metal detector is necessary for the practice of his profession.
15th Allow the use of a metal detector
52. sect (1) The request for authorization of the use of the metal detector not subject to the profession must be submitted to the authority with a description of the planned activity and the purpose of it.
(2) The use of a metal detector is considered to be assembled and in working condition outside the structure.
(3) The application contains a)
The clear delimitation of the area affected by the use of the metal detector on a map made in an EOV system,
b) the planned time of using the metal detector.
( 4) In the application, the client declares that in the five years prior to the submission of the application, no liability for violations or criminal law has been established in connection with the archaeological heritage, and no inheritance protection fine has been imposed on him. Support at the same time as submitting the request that
a) The right to own the property affected by the use of the metal detector has consented to the use of the metal detector,
b) the procedural fee or fee has been paid,
c) an assignment contract or cooperation agreement has been concluded with the institution authorized to explore.
(5) During the procedure, the authority may request the expert opinion of the excavation committee or the museum involved in its collection area by setting a deadline.
( 6) The application for the use of the metal detector shall be rejected if
a) The planned activity concerns an area of archaeological interest or a registered archaeological site in the field of meadow or pasture cultivation specified in points a)-c) of Section 21 (3).,
b) the applicant's liability for infringement or criminal law has been established in connection with the archaeological heritage,
c) a heritage protection fine has been imposed on the applicant,
d) the procedure for the imposition of a fine, criminal or heritage protection related to the archaeological heritage is ongoing against the applicant,
e) The planned activity aims to detect the archaeological heritage or military historical heritage - unless it is carried out on behalf of the museum concerned in its collection area or on the basis of a cooperation agreement with the museum, or
f) the authorization of the activity is not supported by the expert opinion according to paragraph (5).
(7) The license to use the metal detector contains
a) the name and address of the license holder,
b) the designation suitable for identifying the area affected by the use of the metal detector and the time of carrying out the activity.
( 8) The permit for the use of the metal detector is part of the map certified by the authority, made in an EOV system, with the delimitation of the area affected by the performance of the activity.
(9) The authority may prohibit the activity carried out with a metal detector ex officio or at the request of the museum involved in its collection area.
(10) The Authority shall send a decision that has become final in accordance with paragraphs (7) and (8)
a) to the museums involved in the collection area,
b) to the National Park Directorate affected by its area of operation,
c) to the relevant clerk,
d) by the competent notary to the field guard service,
e) to the relevant police station and
f) to the person entitled to dispose of the property.
(11) If the authorization procedure for the use of the metal detector instrument affects at least fifty customers at the time of initiation of the procedure, the Authority shall notify its decision by means of an announcement in accordance with the conditions set out in the Ákr., as well as make the announcement of the decision public.
(12) The license entitles you to carry out the activity for one year from the date of the decision becoming final, unless the authority specifies a shorter time.
(13) The start of the actual performance of the activity must be notified to the Authority electronically ten days before the start of the planned activity to be carried out on the basis of a permit for the use of the metal detector.
(14) The licensee must keep the final license for the use of the metal detector not subject to a profession during the performance of the activity and present it at the request of the body authorized to check the use of the metal detector.
(15) If an archaeological monument, find or object that appears to be during the activity
a) is found, the Licensee is obliged to comply with the Constitution. to make a notification according to § 24, paragraph (2), point b),
b) does not occur, the licensee must send a report to the authority within thirty days of the expiration of the license for the use of the metal detector with a description of the activity performed, and declare that no archaeological monument, find or what appears to be such an object was found during the activity with the metal detector.
