Metal Detecting Laws in Botswana

Excavating the monuments and objects covered by the heritage Act requires written ministerial permission.

• Section 16 covers a national monument, ancient monument, recent historic monument, recent artifact or relic. Section 17 separately requires written permission for archaeological research and for excavating or exposing relics or artifacts under the soil.
• The Act defines relics to include fossils, meteorites and treasure trove; treasure trove means any artifact made of or containing any precious mineral. The treasure-trove definition has no age threshold. Other listed relic categories include specified pre-1 June 1902 objects.
• The Minister acts after consulting the Commissioner of Monuments and Relics. Under regulation 10(3), an excavation permit may be issued only to a professional with the necessary qualifications in the Minister’s opinion, or to a person with the necessary qualifications and appropriate expertise in that opinion.
• For non-national-monument objects covered by section 16(2), the landowner and any other person with an interest in or right over the land must consent. For a national monument on non-State land, section 16(3) requires consent or court-determined compensation, and resolution by the High Court of any specified rights or legality dispute. Regulation 10(4) also requires the private owner’s written consent for excavation arrangements.
• A valid research permit includes excavation only when its approved research method includes excavation; otherwise a separate excavation permit is required. These provisions do not establish a rule for every instance of digging for an ordinary non-heritage object.

Removing a monument, relic or recent artifact from its original site requires written permission; finding it does not establish ownership.

• Section 18(1) requires the Minister’s written permission, after consultation with the Commissioner, for alteration, destruction, damage, removal from the original site or export of any national monument, monument, relic or recent artifact, or any part of one.
• The Act defines relics to include fossils, meteorites and treasure trove; treasure trove means any artifact made of or containing any precious mineral. The treasure-trove definition has no age threshold. Other listed relic categories include specified pre-1 June 1902 objects.
• For an object situated in a Tribal Territory, permission under section 18(1) also requires the concurrence of that territory’s Tribal Land Board. The application for removal or export must include a drawing or photograph, its exact locality, intended destination and purpose.
• Unless the Minister’s written permission directs otherwise, a removed object must go to the National Museum and Art Gallery or another place directed by the Commissioner. Permission to remove is not a grant of ownership.
• The Act also provides a State acquisition option with compensation under section 13. Ownership of ordinary lost property outside these heritage categories could not be confirmed from the linked sources; the separate government-ownership rule for products of research and excavation is narrower.

Products of research and excavation of an artifact or relic remain government property.

• This is the specific ownership rule in regulation 11(2); it is not a declaration that every ordinary lost object belongs to the government.
• Regulation 11(3) requires a Collections Management Plan for temporary housing or display of an artifact for research purposes. Regulation 11(4) separately requires a Form F application for temporary housing or display of a collected artifact for research, or for temporary exhibition and displays. Regulation 13 provides the separate researcher loan and export route. Authorized custody does not transfer ownership.
• Regulation 12(2) prohibits passing a collected artifact to a third party without the Minister’s permission and requires compliance with the Act’s removal and export conditions.

Notify the Commissioner of Monuments and Relics in writing without delay of a monument, artifact, relic or other archaeological discovery.

• The discoverer must notify the Commissioner. The landowner or occupier must also notify the Commissioner as soon as the discovery comes to that person’s notice.
• If the discovery occurs during excavation or construction, immediately suspend that excavation or construction until the Commissioner directs whether it may proceed and, if so, when and how.
• The Act defines relics to include fossils, meteorites and treasure trove; treasure trove means any artifact made of or containing any precious mineral. The treasure-trove definition has no age threshold. Other listed relic categories include specified pre-1 June 1902 objects.
• This notification is separate from the duties to deliver removed objects and to deposit artifacts collected during excavation.

Deliver removed heritage objects to the National Museum and Art Gallery or the Commissioner’s directed destination unless the Minister directs otherwise in writing.

• Section 18(2) covers any national monument, monument, relic or recent artifact removed from its original site. It does not authorize that removal: section 18(1) requires written ministerial permission.
• The Minister’s written permission may direct otherwise. This provision does not specify a numerical delivery deadline.

Deposit any artifact collected during excavation with the Department after completing its analysis.

• Regulation 11(1) requires the artifact to be placed in a container and deposited with the Department of National Museum and Monuments upon completion of analysis, including identification of its composition.
• Regulation 11(3) requires a Collections Management Plan for temporary housing or display of an artifact for research purposes. Regulation 11(4) separately requires a Form F application for temporary housing or display of a collected artifact for research, or for temporary exhibition and displays. Regulation 11 also requires inspection of the premises. If the premises fail the required minimum standards, the Commissioner must cause the artifact to be deposited with him.
• This deposit duty is separate from the immediate written discovery notice under section 12 of the Act.

The current rule for digging in national parks and game reserves could not be confirmed.

• The following describes the older captured legislation. Later amendments remain unresolved, so these provisions are not presented as a verified current permission route.
• The permission route in section 8(1)(g) concerns national parks: digging to recover a target alters the natural environment. The Act does not expressly name detectors. A sweep without ground disturbance is not separately resolved by this provision.
• Permission must come from the Minister or a wildlife officer authorized to give it. It does not waive other restrictions: damage to, disturbance of, or removal of objects of geological, ethnological, historical, archaeological or other scientific interest is separately controlled; so are damage to vegetation and destruction or defacement of any object.
• Section 6(1)(i) separately permits ministerial authorization of otherwise prohibited acts for scientific purposes. Section 8(1) also excepts specified officials acting in their official duties; these are not general visitor permissions.
• Where the National Parks and Game Reserves Regulations apply, regulation 37(1)(b) requires the Director’s written permission to damage, disturb or remove the specified scientific-interest objects in a national park or game reserve, and regulation 37(1)(d) requires the Officer-in-Charge’s written authorization for cutting, damaging, destroying or defacing any tree, vegetation or other animate or inanimate object. Regulation 47(1) excludes the Gaborone, Maun, Francistown, Mannyelanong and Nnywane Dam Game Reserves, and any private game reserve or sanctuary, from these Regulations. Those exclusions do not establish permission to detect, dig or retain finds.
• The national-park environment-alteration provision is not extended here to all game reserves or other nature reserves. General detector use and target digging in those other areas remain unconfirmed.

The current removal and retention rule for objects found in national parks and game reserves could not be confirmed.

• The following describes the older captured legislation. Later amendments remain unresolved, so these provisions are not presented as a verified current permission route.
• Where the National Parks and Game Reserves Regulations apply, regulation 37(1)(b) covers damage to, disturbance of or removal of such objects. Permission to remove does not establish the finder’s ownership. Regulation 47(1) excludes the Gaborone, Maun, Francistown, Mannyelanong and Nnywane Dam Game Reserves, and any private game reserve or sanctuary, from these Regulations. Those exclusions do not establish permission to detect, dig or retain finds.
• The heritage Act’s separate permission, delivery and ownership provisions may also apply. This row does not establish a right to keep ordinary lost property.