paleonet RE: Fossil Collecting in Scotland

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> The following amendments to a forthcoming bill to be put to the Scottish
> Parliament on Wednesday 25th may be of interest to some of you. If you
> have any comments, please forward them to the MSP concerned - 
> 
> I am not sure whether you are aware of this or not, but there has been an
> amendment to the Nature Conservation (Scotland) Bill that needs your
> urgent consideration. Maureen MacMillan (MSP for Caithness
> maureen.macmillan.msp@scottish.parliament.uk) has recently submitted
> amendments to the NC(S) Bill regarding the collecting of fossil
> vertebrates, and others, in Scotland. It is my opinion that it is
> unworkeable and will undermine the potential for amateur and professional
> collectors to make the earth-shattering discoveries thay have made in the
> past - namely
> 			Dinosaurs from Scotland,
> 			Lizzie the Lizard
> 			The Bearsden Shark
> 			Early Devonian reptiles from Morayshire
> 			The Hopeman Dicynodont
> 			Fossil fish from Caithness
> 			Fossil fish from Bearsden
> 			The Dumbartonshire missing link
> 			The Arran 'Hand-Prints' (Chirotherium)
> 			The conodont animals, and many more
> 
> Not only that, but amateur and professional collectors will not be allowed
> to collected coprolites, footprints, or any less significant vertebrate
> fossil without a license. I have always been an advocate of responsible
> collecting, but how will new and important discoveries be made unless
> people are allowed to collect? There are adequate laws governing
> collecting as it stands, as well as increased powers of the SNH (Scottish
> Natural Heritage) over SSSI's (Sites of Special Scientific Interest), and
> a guide to fossil collecting proposed in the new Bill, so there is little
> need for further legislation for vertebrate fossils.
> 
> Please feel free to make up your own mind and voice your opinions. I have
> appended the latest amendements to this email. The stage two process where
> the amendments are added to the bill occurs on Wednesday 25th February.
> After this, there will be very little chance of changing, or commenting on
> the bill which will be ratified probably in April/May.
> 
> Please forward this information to as many people as you think would be
> concerned by these amendments, to give them the opportunity of responding
> also.
> 
> The web site to view the amendments is on page 10 of
> http://www.scottish.parliament.uk/bills/#09 the 3rd marshalled list of
> ammendments for stage 2. Ignore the closing date in the margin and make
> yourself heard. Minerals may be next on the list!
> 
> All the best,
> 
> Neil
> 
> ************************************ 
> Dr Neil DL Clark 
> Curator of Palaeontology 
> Hunterian Museum 
> University of Glasgow 
> GLASGOW 
> G12 8QQ 
> tel: +44 (0) 141 330 3599 
> web sites: <http://www.hunterian.gla.ac.uk/> 
> <http://www.scottishgeology.com/> 
> <http://www.geologyglasgow.org.uk/> 
> <http://www.hmag.gla.ac.uk/Neil/> 
> ********************************************* 
> 
> Extracted from the 3rd Marshalled List of Amendments for Stage 2
> After section 51
> Maureen Macmillan
> 179 After section 51, insert-
> <PART
> PROTECTION OF FOSSILS
> Protection of fossils
> (1) Subject to subsections (3) and (4), any person who-
> (a) destroys or damages,
> (b) removes or takes,
> (c) sells, or offers or exposes for sale,
> (d) for the purpose of sale, transports, or causes to be transported, or
> (e) circulates or causes to be circulated any advertisement likely to be
> understood as
> conveying that the person buys or sells, or intends to buy or sell,
> any vertebrate fossil, or part of a vertebrate fossil, is guilty of an
> offence.
> (2) Any person guilty of an offence under subsection (1) is liable-
> (a) on summary conviction, to a fine not exceeding ?40,000,
> (b) on conviction on indictment, to a fine.
> (3) Subsection (1) does not apply to anything done under and in accordance
> with the terms
> of a licence granted under section (Power to grant licences) by a person
> granted such a
> licence.
> (4) Any person who does anything which would, but for this subsection,
> amount to an
> offence under subsection (1) is not guilty of the offence if it is shown
> that-
> 10
> (a) the act was an incidental result of a lawful operation,
> (b) the person who carried out the lawful operation-
> (i) took reasonable precautions for the purpose of avoiding carrying out
> the
> act, or
> (ii) did not foresee, and could not reasonably have foreseen, that the act
> would
> be an incidental result of the carrying out of the lawful operation, and
> (c) that person took such steps as were reasonably practicable in all the
> circumstances
> to minimise the damage caused.>
> Maureen Macmillan
> 130 After section 51, insert-
> <Power to grant licences
> (1) The Scottish Ministers may grant to any person they think fit a
> licence to carry out any
> of the activities referred to in section (Protection of fossils)(1)(a) to
> (e) provided the
> activity is done under and in accordance with any terms set out in that
> licence.
> (2) The Scottish Ministers may by regulations make provision for-
> (a) applications for such licences and the manner in which they are to be
> dealt with,
> (b) the requirements which must be satisfied before such licences may be
> granted.
> (3) The Scottish Ministers may charge such reasonable sum (if any) as they
> determine in
> respect of any authorisation effected in accordance with the regulations
> under subsection
> (2).>
> Maureen Macmillan
> 131 After section 51, insert-
> <PART
> THE SCOTTISH FOSSIL CODE
> The Scottish Fossil Code
> (1) It is the duty of SNH to prepare and publish a code, to be known as
> the Scottish Fossil
> Code, setting out the manner and circumstances in which fossils found in
> the natural
> environment may and may not be treated or collected.
> (2) Before preparing the code, SNH must consult such persons as they
> consider appropriate.
> (3) Before publishing the code, SNH must submit the code to the Scottish
> Ministers for
> approval, together with any written representations received by SNH during
> consultation.
> (4) If the Scottish Ministers do not approve the code, they must-
> (a) instruct SNH to prepare another code,
> (b) instruct SNH to amend the code and to re-submit the amended code to
> them for
> approval, or
> (c) prepare a code themselves.
> (5) If the Scottish Ministers take the action referred to in subsection
> (4)(a), the duties
> referred to in subsections (2) and (3) arise.
> (6) After-
> (a) approving any code prepared under this section, or
> (b) preparing a code themselves under this section,
> the Scottish Ministers must lay the code before the Scottish Parliament;
> and SNH may
> not publish the code unless it has been approved by resolution of the
> Parliament.
> (7) It is the duty of SNH to-
> (a) publicise and promote understanding of, and
> (b) from time to time, review and consult upon,
> any code published under this section; and if, after reviewing and
> consulting upon the
> code, SNH amends it or prepare a new code, the duty referred to in
> subsection (3)
> arises.>