ENVIRONMENTAL PROTECTION ACT 1986 - SECT 99W

ENVIRONMENTAL PROTECTION ACT 1986 - SECT 99W

99W .         Disposal of forfeited things

        (1)         Any thing forfeited to the Crown under this Act may be sold, destroyed or otherwise disposed of or dealt with in the prescribed way.

        (2)         Proceeds of the sale of any thing forfeited to the Crown under this Act are to be paid into the Consolidated Account.

        (3)         If the thing is not sold, or if the proceeds of the sale are insufficient to defray the costs and expenses of seizing, storing, treating, selling, destroying, disposing of or otherwise dealing with the thing and an order for costs or expenses incurred in respect of the thing has not been made under section 99Y(1)(a)(i) —

            (a)         those costs and expenses or the unsatisfied balance of them; and

            (b)         the costs of and incidental to the proceedings for recovery from the former owner,

                may be recovered from the offender as a debt due in a court of competent jurisdiction.

        [Section 99W inserted: No. 14 of 1998 s. 14; amended: No. 77 of 2006 s. 4.]