Jersey’s archaeological treasures will now be protected by law after States Members unanimously voted to approve a proposition by the Economic Development Minister.
The Draft Heritage (Jersey) Law, brought forward by Deputy Kirsten Morel, creates for the first time a clear statutory framework for the reporting, recording, investigation and preservation of objects and sites of archaeological significance.
Until now, Jersey has relied largely on customary law and voluntary reporting – which “does not provide sufficient clarity or protection”, leaving finds vulnerable to damage, dispersal or even private sale.
Express took a look at how the new law will change that approach…
Mandatory reporting within 14 days
Under the legislation, anyone who discovers an object they believe to be archaeological – whether by chance or while metal detecting – must report it to Jersey Heritage within 14 days.
They must also disclose where it was found and, if asked, deposit the object with Jersey Heritage.
Failure to comply will be a criminal offence. Those who do not report a find without reasonable excuse face up to 12 months’ imprisonment and a fine. Anyone who knowingly provides false or misleading information could face up to two years behind bars.
Crucially, the law also makes it an offence to discard, damage or destroy a suspected archaeological object while it is being assessed.
The aim, the report states, is to ensure that archaeological finds are “properly recorded and assessed, safeguarding Jersey’s heritage” and meeting the Island’s obligations under the Valletta Convention.
Historic Environment Record given legal status
In another major shift, the island’s Historic Environment Record will be placed on a statutory footing for the first time.
Jersey Heritage will be required to maintain a formal record of significant finds, listed sites, conservation areas and other places of archaeological, architectural and cultural interest.
The record will help identify areas of high archaeological potential for research and planning purposes, though sensitive details such as precise find locations will remain confidential to protect landowners and finders.
Licensing excavations in non-designated areas
The law also introduces powers to create a licensing system for intrusive archaeological investigations in areas that are not already designated protected sites.
Future regulations will require a licence for excavations on land, the foreshore or seabed, except for limited activities such as work confined to plough soil or surface layers.
Applicants will have to set out where and how they intend to dig, provide evidence of landowner permission and demonstrate professional competence.
The intention is to ensure excavations are carried out to recognised standards of good practice and to prevent the loss of valuable historical information.
Clear ownership and fair rewards
For the first time, the law clearly defines what constitutes a “Jersey national antiquity” and “treasure trove”.
Jersey national antiquities will belong to the public, whilst treasure trove will be held in trust for the Crown by the minister.
At the same time, the legislation introduces a formal reward scheme.
Where the Viscount rules that a find is a Jersey national antiquity or treasure trove, the minister must decide whether to pay a reward to the finder, the landowner and any other appropriate person.
Any payment will be linked to the object’s open market value, ensuring what the report describes as “clear processes for reporting, ownership, and rewards, balancing the interests of finders, landowners, and the public”.
