Interesting / Alarming Detecting News Downunder

[Norvic]

Metal detectorist facing $115,000 fine, jail time over little-known rule (msn.com)

[TE Gold]

Bloody Victoria. 

They just want you to sit at home except on footy days, where you are allowed to leave your house to watch a game.

[phrunt]

Yes, pretty scary what's going on there.  Here is his side of it all, he wants the word to get around so people are aware and can sign his petition.  It sounds like even digging up an old silver coin in a public park in Victoria is illegal if the coin is over 75 years old.  He's getting a bit of media attention now too, with Channel 9 interviewing him for a TV.

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DIG IT DETECTING

21 January at 20:07  · 

 

Attention all Metal Detectorists

I would like to bring something very important to your attention and an issue that could potentially affect us all.

Back in November 2022 I was first contacted by Heritage Victoria, stating that what I was doing metal detecting was not allowed. And before I go any further I will mention that in my 6 years detecting, I have never detected or removed artefacts from any known Heritage Listed Sites...EVER!! As we all know how serious that can be! Instead I have always done what I felt to be the right thing and gained permission from landowners to metal detect their own private properties. (With no Heritage Listings) Or by simply visiting and metal detecting public open spaces. Such as parks, recreation reserves, or marked out crown land in known gold areas. Just like everyone does to enjoy the wonderful hobby of detecting.

Heritage Victoria told me back in 2022 though that I had to stop doing my metal detecting. In their words, me researching and targeting sites to metal detect was not ok by their rules. However I wouldn't be charged at that time because they felt I was unaware (and I was) of the 75 year rule disclosed in the 400 odd page Heritage Act of 2017. (75 year rule explained more below)

Here's where it gets tricky and what they believe I am doing wrong...

*Heritage Victoria states that any land or archaeological site in Victoria that are 75 years or more are protected under the Heritage act 2017. Including sites that are NOT on any formal Heritage list!

*Heritage Victoria also states that any archaeological sites that are less than 75 years may be declared a site of archaeological value and if declared are subject to the exact same provisions of the Heritage act 2017 as sites that are 75 years or more.

Or put simply...Heritage Victoria owns all the ground and we shouldn't be metal detecting anywhere in their eyes. Or removing through the hobby of detecting, any potential artefacts that are 75 years or older at any site, heritage listed or not! They even state as a landowner you cannot give consent for someone to come and detect or remove anything from your very own private property, just in case Heritage Victoria deems that site potentially valuable for future...although most likely after its been built on or destroyed like usual. I also wonder what happens when a farmer digs a new dam and unearths a heap of old coins or relics that he didn't even know was buried there?

As mentioned above, I first learnt of this 75 year heritage act information back in Nov 2022 but strongly felt then and still feel now, that I am not doing anything wrong for me to be targeted or singled out for the detecting that I do. And let's be truthful here...there are tens of thousands of us metal detectorists out there across Australia hunting and exploring daily the exact same sites as I detect and explore myself. Not to mention finding and saving much the same items of history if not exactly the same. Go figure!!

So the bad criminal that I am, I have of course continued on enjoying the hobby of metal detecting and sharing my adventures. Until just recently 18/1/24 when I received a second email from Heritage Victoria And Department Of Transport & Planning. Stating that what I am still doing regarding my metal detecting and prospecting is no longer allowed and I must cease immediately or face prosecution.

The finer details of the email Heritage Victoria and Department Of Planning sent to me are all shown below for you to read (with the exception of me blanking out my own personal details)

However I have absolutely nothing to hide here and still feel I have done nothing wrong but metal detect? If I did feel that something was amiss and I was guilty of stepping on or knowingly detecting known heritage listed sites that would be a whole other story! I also wouldn't be posting this recent email and information to a group of 12k members, nor would I be sharing regular videos to youtube of sites I visit or the finds I unearth. AlI I have wanted to achieve over the years is to help out and inspire others to detect, whilst trying to build a good reputation for the Dig It Detecting Name.

What really gets me annoyed the most here though, is not only that I feel I've done nothing wrong...but as many will know, I have never been shy to share what I find through metal detecting or the history attached to it. In hopes of encouraging or exciting others to get out there to learn and enjoy also. My whole time detecting I have shared, shown, donated and spoken about my finds through historical society speeches and loved every aspect of metal detecting. But this recent email now just brings a disheartening feeling to what I have enjoyed doing most so far in life...

I know right, make waves then prepare to get splashed...but this is just crap!

So to @everyone here in the group that has supported myself, my family and the Dig It Detecting name up until this point I thank you so much...although now ask that you help support us on our biggest venture yet...Taking on Heritage Victoria for what I feel is unjust.

I have always strongly believed in standing up for yourself and what you know is right in life, so this is one battle I will be fighting! I won't be bullied or intimidated by fines or imprisonment. And I certainly won't be pushed around as the small guy here!

From this point I will be gaining recommendations and references from all of the amazing people I have met throughout our metal detecting community and made friends with over the years. Hopefully to help show the character of person I am and the best intentions I have always shown regarding the metal detecting I do. Not to mention try to share this story as far as I can to help gain awareness of this situation. Plus support and momentum in what I believe may be a long road ahead.

I don't see this recent email being an attack on just my metal detecting either...but I feel the whole detecting community in general. As it's what we all love doing and all are currently doing! This could just lead into setting a precedent for future metal detecting/prospecting restrictions throughout all of Australia as well…think about it!!

Heritage Victoria's attempt to ban metal detecting threatens our connection to the past. Metal detectors are valuable tools in uncovering hidden artifacts and preserving our cultural heritage. Join us in urging Heritage Victoria to reconsider and support responsible metal detecting, ensuring that our history is not left to decay in the ground, but instead brought to light for future generations to cherish and learn from. Sign our Petition in the link below and stand for the preservation of our rich and diverse history!

This is not just for us now but the next generation too!

Preserve The Past Petition!

 

 

 

 

 

 

 

[geof_junk]

If someone went to court from digging up a coin dated before 1949 it would be hard to prove that the detectorist did not lose it, way back when he was younger.

Most laws are needed because there is a lot people with substantial low IQ, and I am sure some get were they can pass such laws.

[palzynski]

Hopefully there are more clever people in other countries administrations like in England where there is a partnership called the "Treasure Act" between the detectorists and the archaelogists . The detectorists declare their finds which are studied by archaelogists . If a find is declared as the treasure by the archaelogists it can be bought by a museum and the detectorist receives a payment . If the find is not a treasure it can be kept by the detectorist.  

Hundreds of finds are declared annually by the detectorists in England thanks to the Treasure Act .

In France the situation is similar to Australia and nothing is declared because the French detectorists know that they will have pbs if they declare ( this has occured several times ) , this even if metal detecting is authorized in France ( except on listed sites of course ) ... 

Conclusion : Who is the winner for a better history knowledge   ?  England or Australia-France ?   That is the question ... 🙂

 

 

 

[strick]

Useless Government bureaucrat with nothing better to do...who's going to be the cop that goes to arrest him? ... I hope Mr Phillips films that as well... maybe they have a law against that also over there....total BS. 

strick 

[Joe D.]

  A sad commentary! Why isn't MineLab, and other companies getting involved to stop this ridiculous attack!?? And I could say the same for the USA, and other countries! It should be a part of their budget, to promote detecting with the powers that be!!

   Everyone sign the petition, and get the word out!🍀👍👍

[abenson]

Government is the same in the US. I totally get the grave robbing and disturbance of Indian artifacts, fossils and such. But some of the other stuff they protect is ridiculous and backwards at the same time. I know of one very large military site that the state protected for years, they allowed archeologist to come in and do a few digs that didn't ever touch the surface of what was there. Then allowed a construction project to totally destroy a good portion of the site. When detectorists asked if they could get on the site before the construction started they were told no. Dump truck loads of stuff were hauled away from the site. Luckily some smart detectorists followed the dump trucks and asked the property owner if they could hunt the dirt piles. Which they were given permission to do. They found bottles, coins, buttons, etc. that would have been lost forever. The Government would rather have it rot away in the ground than have someone else find it.

A lot of the early 1850's sites around my area that are protected have so much modern junk and past disturbance, that I really find it hard to believe archeologist could learn anything from doing any kind of a dig. Yet they continue to prosecute looters (their name for detectorist or bottle diggers) that enter these sites, most of which are not marked with any type of historical marker.

It would be real nice if the US would come up with some kind of system like England uses.

[phrunt]

I can understand England and countries with thousands of years of history having strict laws around it and England's system although far from perfect and far too slow seems to work to a degree and it does appear many abide by the rules there.

Australia on the other hand lacks history involving metal objects, it was a penal colony for UK from 1788 until 1868, do they think the crims took the loot over with them and bury it somewhere in the outback? 

Prior to that there was the Aboriginals, the native people to the land that had no access to metals and didn't make metal objects like arrowheads, ironic seeing Australia is now the biggest iron ore producer.

So, the only artifacts that are likely to be found by anyone are Aboriginal artifacts which are unlikely to be found with a metal detector seeing they have no metal in them so are just as likely to be found by anyone.

I guess they've set the historical rule at 75 years as much like here, there is only a short history of habitation of peoples with metal objects.  Our native Māori in NZ didn't use metals either and James Cook only pulled up and "discovered" the place already habited by the Māori in 1769 so even finds from the early 1800's in metal objects are extremely rare here.  It's hard enough to find late 1800's stuff.

The oldest building in Australia is from 1793, with most of the state's oldest builds from the early 1800's.  Oldest Building in Australia: Where is it & who built it? | Architecture & Design (architectureanddesign.com.au)

While I understand protecting history and am all for it, history of metal objects in a country with only a couple of hundred years of metal objects being used is probably taking it a bit too far against metal detector users especially if they're detecting areas like public parks, beaches and farm land with no known historic protections, and if they find something they think is of importance and there is the facility setup to notify a historical society it could become beneficial for them, finding more history so rather than their current blanket rules perhaps they need to have a rethink of how it's done and look at what other countries are doing.

This is going to be a big blow to sales of Minelab in Victoria seeing it's going on prime-time TV on one of the main channels and other media is looking to pick it up too by the sound of it.

[Steve Herschbach]

It can go as low as 50 years here. We have our own Antiquities Act and such here in the U.S. but coins as legal tender are exempt, and nobody is really chasing detectorists around much anyway. You have to do something pretty stupid like digging in a Civil War National Park to get the book thrown at you and with good reason. Never been an issue for me as I avoid places where I feel like I have to be looking over my shoulder while detecting. Sucks the fun out of it if I'm doing that. And anywhere else I do my very best to be invisible. I hate anyone other than a buddy being around when I am detecting. If strangers appear I usually pack up and leave and I only hunt parks at odd hours or in bad weather.