(1)  This section applies to –

(a) unsolicited material that has at any time been left at TMAG premises; and

(b) material that TMAG has at any time accepted or apparently accepted on loan or deposit, which is of unknown or uncertain provenance and which the Board no longer necessarily wishes to hold; and

(c) material of known provenance that TMAG has at any time accepted or apparently accepted on loan or deposit, which appears subsequently to have been forgotten about or abandoned by its owner and which the Board no longer necessarily wishes to hold.

(2)  The following provisions apply:

(a) the Board is to try to locate the owner of the material (which attempt is required to be reasonable but not exhaustive, costly or sustained);

(b) if within a prescribed period the Board is able to locate the owner of the material, it is to give the owner a reasonable opportunity to reclaim the material (whereupon the Board may release it);

(c) if within a prescribed period the Board is able to locate the owner of the material but there are competing claims of ownership, the Board is to continue to hold the material pending the resolution of those claims by agreement, proceedings or otherwise and the consequential due reclamation of the material (whereupon the Board may release it);

(d) if within a prescribed period the Board is able to locate a person who might be the owner of the material, it is to give the person a reasonable opportunity to establish their right of ownership and reclaim the material (whereupon the Board may release it);

(e) the Board may retain the material or dispose of the material when and as it thinks fit (including, if necessary, by destruction) if –

(i) it is unable, within a prescribed period, to locate the owner of the material; or

(ii) it is able, within a prescribed period, to locate the owner of the material but the owner does not wish or bother to reclaim the material as provided by paragraph (b) ; or

(iii) it is able, within a prescribed period, to locate the owner of the material but there are competing claims of ownership and these are not duly resolved within a secondary prescribed period; or

(iv) it is able, within a prescribed period, to locate a person who might be the owner of the material but that person fails or does not bother to establish their right of ownership and reclaim the material within a secondary prescribed period;

(f) subject to any order that a court may make to the contrary, if and when the Board decides to take an action referred to in paragraph (e)  –

(i) the material is taken to have been permanently abandoned by its owner; and

(ii) property in the material is taken to have vested in the Board; and

(iii) all persons other than the Board are taken to have forfeited all their right, title and interest in the material;

(g) notwithstanding the other provisions of this subsection, the Board may at any time dispose of the material (if necessary, by destruction) if it is satisfied that the material is too hazardous or degraded to hold or the disposal is mandated by law;

(h) no action lies against the Board in respect of –

(i) the holding, retention, release or disposal of the material in accordance with this section; or

(ii) any damage to or deterioration or devaluation of the material whilst it is held by the Board.

(3)  For the purposes of this section, the Board is to –

(a) draw up suitable administrative procedures; and

(b) have the administrative procedures approved by the Minister; and

(c) act in accordance with the administrative procedures as so approved.

(4)  In this section –

locate includes identify and contact;

owner , of material, means the person who is legally entitled, or most legally entitled, to immediate possession of the material;

prescribed period means a period of 6 months or such longer period of time as the regulations may specify;

proceedings includes an arbitration or mediation;

secondary prescribed period means a period of 12 months or such longer period of time as the regulations may specify.