Environmental Management and Pollution Control Act 1994
94Provisions relating to seizure
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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) [Section 94 Subsection (2) substituted by No. 38 of 2015, s. 29, Applied:13 Oct 2015] 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) [Section 94 Subsection (3) amended by No. 38 of 2015, s. 29, Applied:13 Oct 2015] [Section 94 Subsection (3) amended by No. 38 of 2015, s. 29, Applied:13 Oct 2015] 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 –