Using a Metal Detector? Discover the Rules!

Questioner

Ir/Madam, Recently I started searching with a metal detector. I do this on fields with permission from the farmers. I try to do this in the most honest way by inquiring at the general local regulations of municipalities and at www.atlasleefomgeving.nl. Here I can see where the archaeological site is located so I know that searching is not allowed there. Now I would like to search in the municipality of Heumen. I found this article on the APV 2009 of Heumen: Article 2:78 Use of (metal) detector 1. It is prohibited to carry a (metal) detector or any other object with which explosives and/or weapons can be detected on the road, public water or in a place accessible to the public. 2. The prohibition set out in the first paragraph does not apply to the Explosive Ordnance Disposal Service. 3. The mayor and aldermen may grant an exemption from the prohibition under 1 of this article. It is still not clear to me whether I am allowed to search the fields with the farmer's permission or not. I read that it is forbidden to have a metal detector on the road, public water or in a place accessible to the public. But this does not mean that I am allowed to use it on a field with permission. I called the municipality of Heumen and spoke to someone who knows the articles. That person does not clearly indicate whether or not I am allowed to search with the farmer's permission. I only get to hear that I am not allowed to have him on the road. I find this strange because if I have it in my car and I drive through the municipality of Heumen to go to another municipality, then I am liable to prosecution? I would like to hear your opinion on this. Thanks in advance for the information. Yours sincerely,

Lawyer

The purpose of the provision is that people do not go rummaging around with a detector. It does not seem to me to be in conflict with the APV to have a detector in the car. A meadow with a fence around it, or a sign saying 'no entry', is not an area accessible to the public. The APV ban does not apply there.

Questioner

Thank you for your quick reply. Just to be clear. So you are indicating that I am allowed to search with the metal detector on the grounds of a farmer who gives permission?

Lawyer

Precisely.