MCU14/0028 Appendix 2 EnvProtAct 1994

Environmental Protection Act 1994
Chapter 9 Investigation and enforcement
Part 2 Powers of authorised persons for places and vehicles

[s 463]

                (b)   ensure the receipt is left in a reasonably secure way and
                      in a conspicuous position.
          (4)   The authorised person must allow a person who would be
                entitled to the seized thing if it were not in the authorised
                person’s possession to inspect it and, if it is a document, to
                take extracts from it or make copies of it.
          (5)   The authorised person must return the seized thing to its
                owner at the end of—
                (a)   6 months; or
                (b)   if a prosecution for an offence involving it is started
                      within the 6 months—the prosecution for the offence
                      and any appeal from the prosecution.
          (6)   Despite subsection (5), the authorised person must return the
                seized thing to its owner immediately the authorised person
                stops being satisfied its retention as evidence is necessary.
          (7)   However, the authorised person may keep the seized thing if
                the authorised person believes, on reasonable grounds, it is
                necessary to continue to keep it to prevent its use in
                committing an offence.

463        Forfeiture of seized thing on conviction
          (1)   Despite section 462, if the owner of the seized thing is
                convicted of an offence for which the thing was retained as
                evidence, the court may order its forfeiture to—
                (a)   if the authorised person exercised the power of seizure
                      in the enforcement of a matter devolved to a local
                      government—the local government; or
                (b)   if paragraph (a) does not apply—the State.
          (2)   The forfeited thing becomes the property of the local
                government or State and may be destroyed or disposed of as
                directed by the administering executive.
          (3)   This section does not limit the court’s powers under the
                Penalties and Sentences Act 1992 or any other law.
Page 400                                                 Current as at 20 February 2014