167Duty of environmental officer in relation to seized thing

167 Duty of environmental officer in relation to seized thing (1) As soon as practicable but within 5 business days after an environmental officer seizes a thing under section 163, the officer must give a receipt for the seized thing to the person from whom it was seized. (2) The receipt must describe generally each thing seized and its condition. (3) If, for any reason, it is not practicable to comply with subsection (1), the environmental officer must: (a) leave the receipt at the place of seizure; and (b) ensure the receipt is left in a reasonably secure way and in a conspicuous position. (4) The environmental officer must allow a person who would be entitled to the seized thing if it were not in the environmental officer's possession to inspect it and, if it is a document, to take extracts from it or make copies of it. (5) The environmental officer must return the seized thing to its owner at the end of the later of: (a) 3 years; or Environment Protection Act 2019 157 (b) if a prosecution for an offence involving the seized thing is started within the 3 years – 12 months after the end of the prosecution for the offence and any appeal from the prosecution. (6) Despite subsection (5), the environmental officer must return the seized thing to its owner immediately the environmental officer stops being satisfied its retention as evidence is necessary. (7) However, the environmental officer may keep the seized thing if the environmental officer believes on reasonable grounds that it is necessary to continue to keep it to prevent its use in committing an (8) An environmental officer must give written notice to the owner of a seized thing as soon as practicable if the environmental officer decides under subsection (7) to keep the thing.