NATIONAL PARKS AND WILDLIFE ACT 1974 - SECT 167
Disposal of fauna and perishable goods when seized or delivered up
NATIONAL PARKS AND WILDLIFE ACT 1974 - SECT 167
Disposal of fauna and perishable goods when seized or delivered up
167 Disposal of fauna and perishable goods when seized or delivered up
(1) Where any property seized under section 164 or delivered up under
section 165 is fauna or is perishable, it may forthwith be disposed of, by way
of sale or otherwise, by an authorised officer.
(2) The proceeds of any sale
under subsection (1) shall be paid into the Fund.
(3) The payment to a person
from the Fund of an amount equal to the proceeds of the sale of any property
under subsection (1) operates as a discharge of any obligation to deliver up
that property to that person and such a payment in discharge of any such
obligation imposed by an order of the courtprescribed in relation to the
property under section 168 is hereby authorised.
(4) Without affecting the
generality of subsection (1), fauna may be disposed of under subsection (1) by
being destroyed or returned to its natural environment.
(5) When any fauna or
perishable property is sold or otherwise disposed of under subsection (1)--
(a) the buyer obtains the ownership of the fauna or property freed and
discharged from any right, interest, trust or obligation to which it was
subject immediately before its sale or disposal, and
(b) the person who was
the owner of the fauna or property immediately before its sale or disposal
ceases to have any claim in respect of the fauna or property or any right of
action in respect of the sale or disposal except as specifically provided by
this Act.
(6) A person is not prevented from recovering damages from the
Crown in respect of the sale or disposal of any fauna or perishable property
under subsection (1) if the person establishes that the authorised officer who
effected the sale or disposal did not act in good faith or acted without
reasonable care.