The tunnel discovered in Fanar, said to have been dug in search of gold, has reopened the question of the reality of this metal existing beneath Lebanese soil and the motivations for searching for it through unconventional means, especially since tales of buried gold are not new in Lebanon. They have been passed down through generations, with people claiming to have found gold while digging land or renovating old houses. One lawyer even recounted taking on a case for a client who was digging in Bekaa in search of gold, before it turned into a legal dispute.

So, is it permissible for anyone to dig in the ground in search of gold? What are the legal regulations governing excavation activities?

In Popular Memory

"In popular memory, people constantly talk about gold, but there is no gold." With this phrase, the Director General of Antiquities, Sarkis Khoury, summarizes for "An-Nahar" what he sees as "inherited rumors" about the existence of buried gold in Lebanon. He clarifies that finding small amounts of gold during some archaeological excavations does not mean that the search is for this metal.

Khoury emphasizes that the raw materials found beneath the earth belong to the state, and digging for antiquities or minerals outside the permitted frameworks is considered illegal excavation.

 What Does Geology Say?

Geology researcher Samir Zaatari tells "An-Nahar" that Lebanon's geological nature does not contain natural deposits of raw gold, explaining that the rocks that make up Lebanon are mostly sedimentary rocks formed at the bottom of ancient seas and oceans, not volcanic rocks coming from beneath the earth. Therefore, he rules out that the tunnel discovered in Fanar was dug for the purpose of searching for gold.

But what about the inherited tales of gold? Zaatari explains that what people may find in some areas relates to historical artifacts or previous human burials, such as jars containing limited amounts of gold, not naturally occurring raw gold in the earth.

The detection of minerals, according to Zaatari, requires specialized studies in mining geology, including rock analysis, geological structures, and identifying potential sites for mineral deposits, along with scientific and laboratory tests. Meanwhile, gold mines require extensive horizontal digging and precise scientific expertise, practices that are not available in Lebanon's geological nature compared to mineral-rich African countries.

Is Anyone Allowed to Dig?

Legal expert Karim Daher clarifies that there is no legal text directly defining the conditions for searching for gold or digging tunnels for this purpose in Lebanon. However, the absence of a specific text does not mean that individuals have absolute freedom to dig and excavate, as land ownership does not grant the owner unrestricted rights over what lies beneath it.

Legal rulings vary depending on the location and nature of the materials found. What is extracted from someone else's land or from public properties does not become the property of the finder, but constitutes an infringement on the rights of others, requiring its return or reporting it to the state, according to its classification and applicable legal provisions..

If a national treasure or resources subject to a specific legal system are discovered on privately owned land, the ownership of the property alone is not sufficient to determine the right to exploit it, as the state may intervene to regulate the investment of these resources or expropriate the property according to the law..

Conversely, legal expert Adel Yamin explains to "An-Nahar" that land ownership does not grant the owner an absolute right to dig or excavate in search of gold and treasures, as they remain bound by the restrictions imposed by Lebanese laws, particularly those related to property ownership, antiquities, and mining..

He points out that Article 237 of the Property Law stipulates the division of treasure found in the ground, whereby the property owner receives three-fifths, the discoverer one-fifth, and the public treasury one-fifth of the remainder, within the restrictions and exceptions specified by the applicable laws. However, this rule does not apply to antiquities, which are legally considered the property of the Lebanese state..

He adds: "If the excavation targets gold as a mineral subject to the mining system, the matter is governed by Decision 113/L.R. concerning the mining system, and the conditions and licensing procedures imposed by the relevant authorities, including the Ministry of Energy and Water, according to the nature of the activity.".

 In conclusion, the legality of gold tunnels cannot be determined solely based on land ownership. The applicable provisions remain linked to the nature of the excavation, its location, the targeted materials, and the laws governing antiquities and resources found beneath the earth.