ENVIRONMENT PROTECTION ACT 1997 - SECT 108 Seizure

ENVIRONMENT PROTECTION ACT 1997 - SECT 108

    (1)     An authorised officer may seize anything under a power of seizure under this part if the officer has reasonable grounds for believing that it is connected with an offence against this Act and—

        (a)     the seizure is necessary to prevent the thing being—

              (i)     concealed, lost, damaged or destroyed; or

              (ii)     used to commit the offence; or

        (b)     the seizure is necessary to conduct tests for the purpose of adducing evidence in a prosecution for the offence.

    (2)     A person must not, without the written consent of the authority—

        (a)     interfere with or dispose of a thing seized under this part; or

        (b)     remove the thing from the premises where it was seized or to which it was taken by the authorised officer who seized it.

Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

    (3)     If an authorised officer has seized a thing under this part, the officer must give a receipt for the thing to—

        (a)     the occupier of the premises where it was seized; or

        (b)     the person who had possession, custody or control of the thing immediately before it was seized.