ENVIRONMENTAL PROTECTION ACT 1986 - SECT 92B
ENVIRONMENTAL PROTECTION ACT 1986 - SECT 92B
92B . Dealing with seized things
(1) If any thing is
seized under section 92A and, in the opinion of the CEO, the thing is likely
to cause pollution or environmental harm or perish if no action is taken to
deal with it, the CEO may sell, treat, preserve, destroy, dispose of or
otherwise deal with the thing in the prescribed way.
(2) Except as provided
in subsection (3), proceeds of the sale of any thing under subsection (1) are
to be paid into the Consolidated Account.
(3) If —
(a) any
thing is seized by an inspector in connection with a suspected offence; and
(b) the
thing is sold under subsection (1); and
(c) a
decision is subsequently made not to commence a prosecution in respect of the
offence or, after the prosecution has been completed, no person is convicted
of the offence,
the proceeds of the
sale of the thing (less any costs and expenses incurred by the CEO in dealing
with the thing) are to be paid to the person from whom the thing was seized.
(4) The CEO may
recover all costs and expenses incurred by the CEO in respect of action taken
under subsection (1).
(5) The costs and
expenses referred to in subsection (4) may be —
(a)
awarded by order under section 99Y; or
(b)
recovered as a debt due from the owner of the thing or the person from whom
the thing was seized in a court of competent jurisdiction, despite proceedings
not having been taken for an offence involving the seized thing.
[Section 92B inserted: No. 14 of 1998 s. 13;
amended: No. 54 of 2003 s. 60 and 140(2); No. 77 of 2006 s. 4.]