Environment Protection and Biodiversity Conservation Act 1999

If:

a thing is seized under this Part; and

the CEO considers that it is reasonably likely that the retention of the thing would:

constitute a serious threat to the environment; or

constitute a serious threat to the continued existence, in the wild, of a particular species of animal or of a particular species of plant; or

result in the introduction of an alien species that represents a threat to ecosystems, habitats or other species; or

constitute a danger to public health; or

in the case of a live organism or specimen—constitute a significant threat to the health of the organism or specimen; or

in the case of a live animal—result in the animal suffering;

If the CEO causes a live animal to be destroyed under subsection (1), the CEO must require the destruction to be carried out in a humane manner.

Subject to subsection (3), if a thing is dealt with in accordance with subsection (1), the CEO must give to:

the owner of the thing; or

the person who had possession, custody or control of the thing immediately before it was seized;

identifying the thing; and

stating that the thing has been seized under this Part and giving the reason for the seizure; and

stating that the thing has been dealt with under subsection (1) and specifying the manner in which it has been so dealt with and the reason for doing so; and

setting out the terms of subsection (4).

The CEO need not give a notice under subsection (2) about a thing if, after making such inquiries as the CEO thinks appropriate, the CEO does not, within 20 days after dealing with the thing, have sufficient information to enable the notice to be given.

If a thing is dealt with in accordance with subsection (1), the owner of the thing may bring an action against the Commonwealth in a court of competent jurisdiction for the recovery of the market value of the thing at the time it was so dealt with. The action must be brought on the ground that the thing was not used or otherwise involved in the commission of an offence against this Act or the regulations.