NATURE CONSERVATION ACT 1992 - SECT 152A General powers for things seized

NATURE CONSERVATION ACT 1992 - SECT 152A

152A General powers for things seized

(1) Having seized a thing under this division or division 2 , the chief executive or a conservation officer (each an
"officer" ) may—

(a) move the thing from its place of seizure; or

(b) leave the thing at its place of seizure and take reasonable action to restrict access to it.

(2) For subsection (1) (b) , the officer may, for example—

(a) seal the thing, or the entrance to the place of seizure, and mark the thing or place to show access to the thing or place is restricted; or

(b) if the thing is equipment—make the equipment inoperable.

Example of making equipment inoperable—

dismantling the equipment or removing a component from the equipment without which the equipment can not be used

(3) If the thing is, or contains, wildlife, the officer may, as is appropriate to ensure the survival of the wildlife—

(a) take the wildlife to a place the officer considers appropriate; or

(b) give the wildlife accommodation, food, rest, water or other appropriate living conditions; or

(c) if the officer reasonably believes the wildlife requires veterinary or other treatment—arrange for the treatment; or

(d) leave the wildlife at the place of seizure and take any action mentioned in paragraphs (a) to (c) ; or

(e) if the wildlife is left at the place of seizure—give the person from whom the wildlife was seized a direction to—

(i) keep, or continue to keep, the wildlife in the person’s custody; and

(ii) look after, or continue to look after, the wildlife; or

(f) if the wildlife is left at the place of seizure and the person from whom the wildlife was seized does not comply with a direction under paragraph (e) —take any action mentioned in paragraphs (a) to (c) .

(4) For the Animal Care and Protection Act 2001 , section 12 , an officer is not in charge of wildlife that is subject to a direction given by the officer under subsection (3) (e) merely because the officer has seized the wildlife.