PROTECTION OF THE ENVIRONMENT OPERATIONS ACT 1997 - SECT 282
Police powers to seize equipment
PROTECTION OF THE ENVIRONMENT OPERATIONS ACT 1997 - SECT 282
Police powers to seize equipment
282 Police powers to seize equipment
(1) This section applies if a noise abatement direction is in force and the
person to whom the direction is given is contravening the direction.
(2) A
police officer may seize or secure any equipment that is being used to
contravene the direction. The police officer may not do so unless the person
in charge of the equipment has been warned that the continued use of the
equipment may lead to its seizure.
(3) If any such equipment is seized, the
police officer is to issue the person from whom it is seized with a receipt
that identifies the equipment, states the time and date of seizure, identifies
the police officer seizing the equipment and notifies the procedure for the
return of the equipment.
(4) Unless it is returned or released earlier at the
discretion of a police officer, any equipment that is seized or secured under
this section must be returned or released within 28 days.
(5) A person is not
entitled to any compensation for damage caused to equipment that is seized or
secured under this section if the damage occurred as a result of the police
officer being obstructed or hindered in seizing or securing the equipment.
