210DReturn of seized motor vehicle or vessel

210D Return of seized motor vehicle or vessel

210D Return of seized motor vehicle or vessel

(1) If any motor vehicle or vessel has been seized under this Part in connection with a repeat waste offence and—

(a) proceedings for the offence are not commenced in the Land and Environment Court within 28 days after the seizure, or

(b) any such proceedings are commenced but are dismissed without a conviction for the offence, or

(c) the Land and Environment Court convicts a person of the offence but does not order the forfeiture of the motor vehicle or vessel,

the EPA must return the motor vehicle or vessel to its owner.

(2) If a person disputes the seizure of a motor vehicle or vessel under this Part, the EPA may allow the motor vehicle or vessel to be delivered to the person disputing the seizure, subject to the person giving security to pay its value to the EPA should it be forfeited.

(3) The EPA may, at any time, return a motor vehicle or vessel seized under this Part to its owner on such conditions (if any) as the EPA thinks fit. This subsection has effect whether forfeiture has taken place or not.

(4) A motor vehicle or vessel that is seized is returned to its owner for the purposes of this Part if it is returned to the person who owns it or to a person from whose possession it was seized.

(5) If the owner of the motor vehicle or vessel or any such person has died, the motor vehicle or vessel may be returned to the legal personal representative of the owner or person.

pt 7.6A (ss 210A–210E): Ins 2013 No 60, Sch 1 [6].