Alex et al
Thanks for this -- most useful. I too would be very interested indeed in
seeing such agreements. It is certainly a grey area without them.
neil.
Dr Neil Rushton
Archaeology Services
North Hertfordshire District Council
Museums Resource Centre
Burymead Road
Hitchin
Hertfordshire
SG5 1RT
tel: (01462) 434896
fax: (01462) 434883
> -----Original Message-----
> From: Alex Hunt [SMTP:[log in to unmask]]
> Sent: 08 September 2003 14:25
> To: [log in to unmask]
> Subject: Re: Metal detector + excavation. Request for info.
>
> Well I think we all know which site Neil is talking about, and this very
> question had occured to me during the TV programme in which it was
> shown...
>
> Quentin has broadly noted what the Treasure Act Code of Practice 1996
> (Revised) says - although it is worth looking at the relevant paragraphs
> in greater detail (see
> http://www.culture.gov.uk/global/publications/archive_2002/treasure_code.h
> tm).
>
> There seems to be two main sequential, but interlinked (hence the
> difficulty), questions to decide here:
> 1) for the Coroner (see paragraphs 8 and 14 to 16 of the Code) - having
> previously declared items recovered from this site as treasure, the
> coroner will need to decide on the question of associated finds, and
> whether they should be defined:
> a) as Treasure through qualifying as associated objects representing part
> of "...the same find as another object if it is found in the same place
> as, or had previously been left together with, the other object", and/or
> b) should be treated as an entirely separate treasure case/s
> c) are not Treasure
> 2) for the Treasure Valuation Committee and Secretary of State - the
> question of circumstances of discovery, and following this and in response
> to the above the eligibility for rewards in the context of an
> archaeological investigation
>
> On the latter question paragraph 78 states:
>
> "78. If a finder does not remove the whole of a find from the ground but
> reports it, thus affording the opportunity for the archaeological
> excavation or investigation of the remainder of the find, the original
> finder will normally be eligible for a reward for the whole find and
> not just that part which he himself had removed from the ground, although
> the Secretary of State will need to examine the individual
> circumstances of each case."
>
> Paragraph 81 then goes on to clarify what should happen where finds are
> made by archaeologists or 'anyone engaged on archaeological excavation or
> investigation':
>
> "81. Rewards will not be payable when the find is made by an archaeologist
> or anyone engaged on an archaeological excavation or investigation. In
> cases of uncertainty archaeologists are recommended to require any
> individuals for whom they are responsible, or to whom they have given, or
> for whom they have sought, permission to search, to sign a statement
> waiving their right to a reward. If there is doubt as to whether the
> finder was an archaeologist (or a person engaged on an archaeological
> excavation or investigation) the Treasure Valuation Committee shall
> decide. This will not affect any interest that the occupier or the
> landowner may have in any reward. The proportion of any reward payable to
> an eligible landowner (or occupier) is 50 per cent. (See also paragraph
> 52.)"
>
> So pertinent questions to ask might be, should or could some/all of the
> finds be defined as being 'part of the same find'? were the detectorists
> actions being coordinated/supervised directly by an 'archaeologist' or
> were they free to detect how, where, when and what they wanted? was there
> a project design or other documentation for the project which specified
> the use of metal detectors as a means of archaeological prospection?
>
> Not sure if this gets you any further in this case, but there are clearly
> lessons to be learned in making sure that any archaeological
> investigations utilising volunteer detectorists are covered by appropriate
> agreements and waivers - I imagine some of you may have already drafted
> such agreements and I would certainly be interested in seeing examples.
>
> Thanks
>
> Alex
> _____________________________________
> Alex Hunt
> Research and Conservation Officer,
> Council for British Archaeology,
> Bowes Morrell House,
> 111 Walmgate,
> York,
> YO1 9WA
>
> Tel: 01904 671417
> Fax: 01904 671384
> Web: http://www.britarch.ac.uk
>
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