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Could I please just add a two-pennyworth here? In Scotland under Common Law all objects 'without an owner' are the property of the Crown. That has been interpreted to include any archaeological finds which are not the property of the landowner here. Finds of all kinds have to be declared for 'Treasure Trove'. But declaring finds doesn't protect sites themselves. But there's an issue connected to this that affects everyone - as Anne Given says, in N Ireland, excavations must be licensed. But there is still nothing to stop a farmer or landowner ploughing or bulldozing a site if it isn't scheduled. In the Republic of Ireland, or in Scandinavia, there is much more comprehensive protection of archaeological sites. I have (this morning) had a case where a developer has been refused planning consent on archaeological grounds and is now talking (I understand) about 'trashing' the (unscheduled) archaeology. If this is done in a way that doesn't require planning permission, what is there to stop it? We all know lots of sites that are important but may not be scheduled. It is time for an overhaul of the antiquated Scheduling legislation. Let us have something that would offer some decent protection to all archaeological sites, not just those (<4% of recorded sites here) that are scheduled. Even scheduling doesn't stop ploughing if that started before the site was scheduled... And yes, licence excavations, why not? It wouldn't stop local societies and other voluntary groups from getting licensed if they were up to scratch. John -------------------------------------------------------- John Wood Senior Archaeologist Planning and Development Service The Highland Council Glenurquhart Road Inverness IV3 5NX Direct line 01381 702502 Web: http://www.higharch.demon.co.uk This Email (and any attachment) is intended for the exclusive use of the addressee(s) only. You should not disclose its contents to any other person. If you receive this message in error, please contact the sender and delete the message. Thank you Opinions expressed herein are my own and do not necessarily represent those of my employer. -----Original Message----- From: Given, Annie [mailto:[log in to unmask]] Sent: 31 March 2003 12:38 To: [log in to unmask] Subject: Re: Trespass This is where the licencing of excavations could be a help. In NI it is an offence to excavate without a licence, and this applies to digging in association with metal detecting. As part of the application, the excavator has to show the landowner has given consent and that agreement has been reached over ownership of any finds. Having said this, I reckon catching people who dig illegally, anywhere, is the real challenge. We have done a few prosecutions. Annie Given NI Sites and Monuments Record Environment & Heritage Service: Built Heritage 5-33 Hill St BELFAST BT1 2LA tel: 028 9054 3013 fax: 028 9054 3111 [log in to unmask] www.ehsni.gov.uk -----Original Message----- From: Wardle, Chris (DSD) [mailto:[log in to unmask]] Sent: 31 March 2003 12:30 To: [log in to unmask] Subject: Re: Trespass Yes, it is against the law, but whether our boys in blue would enforce the law in cases like this is another matter. -----Original Message----- From: Kev Beachus [mailto:[log in to unmask]] Sent: 31 March 2003 11:18 To: [log in to unmask] Subject: Trespass G' Morning one and each. To start the week an easy question.......If a person digs on land without permision of the owner is any thing they find and remove theft? All the best Kev. ---- This email was sent from an email address under the control of Babtie Group Ltd, a company registered in Scotland, registration number SC141100 and having its registered office at 95 Bothwell Street, Glasgow - known hereafter as the Company. Privileged/confidential information may be contained in this email. If you have received this email in error, please destroy all copies in your possession or control and notify the sender by reply email. Recipients may not forward, disclose or copy this email to any third party without the prior consent of the Company. The Company does not accept liability for any changes made to this email after it was sent. Opinions, conclusions and other information in this message that do not relate to the official business of the Company are neither given nor endorsed by the Company. The Company monitors email sent to or from email addresses under its control