296QRetention and disposal of seized property

296Q Retention and disposal of seized property

296Q Retention and disposal of seized property

(1) During the prescribed period, the EPA may do one or more of the following in relation to a substance or container seized under section 198 (a seized substance or container)—

(a) keep the seized substance or container,

(b) return the seized substance or container to the person—

(i) from whom it was seized, or

(ii) who appears to the EPA to be its owner,

(c) by written notice published on the EPA’s website, advertise that an application will be made on a specified day for forfeiture to the Crown of the seized substance or container.

(2) The Land and Environment Court may, after determining the application, order—

(a) the return of the seized substance or container to a specified person, or

(b) the forfeiture to the Crown of the seized substance or container.

(3) If not sooner forfeited or returned, a seized substance or container must, after the expiry of the prescribed period, be returned to the person—

(a) from whom it was seized, or

(b) who appears to the EPA to be its owner.

(4) In this section—

prescribed period means—

(a) a period of 6 months commencing from the day of the seizure of the substance or container, or

(b) a longer period specified by the Land and Environment Court on the application of the EPA.

s 296Q: Ins 2024 No 10, Sch 1[11].