New South Wales Consolidated Acts

CROWN LAND MANAGEMENT ACT 2016 - SECT 10.33

10.33 Forfeiture of seized thing

(1) The Minister may, by written order, declare any seized thing to be forfeited to the Crown.

(2) The Minister may make such an order only if--

(a) the Minister is satisfied that the continued retention of the thing in custody is not justified, and

(b) the thing cannot be returned to its owner.

(3) A thing cannot be returned to its owner if--

(a) the Minister is satisfied that it is not lawful for the owner of the seized thing to have possession of the thing, or

(b) an authorised officer certifies in writing that the authorised officer is unable to return the seized thing to its owner.

(4) The Minister must give notice of the Minister's intention to declare a seized thing to be forfeited to the Crown.

(5) The notice must be given at least 21 days before the order is made.

(6) The Minister gives notice by--

(a) publishing the notice on the Department's website, and

(b) serving the notice on the apparent owner of the thing.

(7) However, it is not necessary to serve the notice on the apparent owner of the thing if an authorised officer has certified in writing that the authorised officer is unable to return the seized thing to its owner.

Note : Notice of the intention to make the declaration gives the owner of the thing an opportunity to seek a court order for the return of the thing.