Der Weg zur Hölle ist mit guten Vorsätzen gepflastert. Archäologische Denkmalpflege und die ungeliebte Öffentlichkeit in Österreich

Abstract

The Austrian Denkmalschutzgesetz (DMSG) is a typical example for an attempt to solve a social conflict with a law. Members of the public are generally prohibited from searching for archaeological finds since 1990 (§ 11 (1) DMSG). And according to the law, every item made or transformed by man (§ 1 Abs 1 DMSG), found on or beneath the surface of the earth or water (§ 8 (1) DMSG) is an archaeological find. These provisions are a result of the increasing tightening of the law. Earlier versions did require everyone to get a permit for archaeological searches from the National Heritage Agency BDA, but such permits could be given to every citizen. Wellintended as the tightening was, what the authorities forgot was to consider what consequences a complete prohibition against searching for archaeological finds would have among members of the public. Although equal sharing of finds between finder and landowner and a general legal requirement to report finds to the authorities remained unchanged, the number of finds reported by members of the public has drastically declined since the law was tightened (by c. 70%), even though the number of members of the public who are searching for archaeology has consistently increased. The result of the tightening of the DMSG thus is not a better protection for archaeological finds and contexts, but the only effect is to exclude the wider public from archaeology and archaeological heritage protection.