AustLII Tasmanian Consolidated Acts

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ENVIRONMENTAL MANAGEMENT AND POLLUTION CONTROL ACT 1994 - SECT 94

Provisions relating to seizure

(1)  A seizure order under this Division –
(a) must be in the form of a written notice; and
(b) must be served on the owner or person in control of the thing to which the order relates; and
(c) may be varied or revoked by written notice served on that owner or person.
(2)  Where a seizure order is issued under this Division, a person must not remove or interfere with the thing to which the order relates without the approval of –
(a) the Director; or
(b) in the case of a seizure order issued by a police officer, the Commissioner; or
(c) in the case of a seizure order issued by a council officer, the council –
before an order is made under subsection (4) in respect of the thing, or the seizure order is discharged under subsection (5) .
Penalty:  Fine not exceeding 40 penalty units.
(3)  Where a thing has been seized or made subject to a seizure order under this Division, the thing must, if it has been seized, be held pending proceedings for an offence against this Act related to the thing seized unless the Director, Commissioner or the council, as the case may require, on application, authorizes its release to the person from whom it was seized, or to any person who had legal title to it at the time of its seizure, subject to such conditions as the Director, Commissioner or the council thinks fit (including conditions as to the giving of security for satisfaction of an order under subsection (4) (b) ).
(4)  Where proceedings for an offence against this Act relating to a thing which has been seized or made subject to a seizure order under this Division are instituted within 6 months after its seizure or the issuing of the seizure order and the defendant is convicted or found guilty of the offence, the court may –
(a) order that it be forfeited to the Director, Commissioner or the council, as the case may require; or
(b) where it has been released pursuant to subsection (3) or is the subject of a seizure order, order that it be forfeited to the Director, Commissioner or the council, as the case may require, or that the person to whom it was released or the defendant pay to the Director, Commissioner or the council an amount equal to its market value at the time of its seizure or the issuing of the seizure order, as the court thinks fit.
(5)  Where–
(a) proceedings are not instituted for an offence against this Act relating to a thing which has been seized or made subject to a seizure order under this Division within 6 months after its seizure or the issuing of the seizure order; or
(b) proceedings have been so instituted and the defendant is found not guilty of the offence or the defendant is convicted or found guilty of the offence but no order for forfeiture is made under subsection (4) –
the person from whom the thing was seized, or any person with legal title to it, is entitled to recover from the Director, Commissioner or the council, as the case may require, (if necessary, by action in a court of competent jurisdiction) the thing itself, or if it has been damaged or destroyed, compensation of an amount equal to its market value at the time of its seizure and the seizure order is discharged.



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