Water Management Act 2000

A seized thing is forfeited to the State if the Minister makes an order under this section declaring the forfeiture of the thing.

The Minister may, by written order, declare the seized thing to be forfeited to the State—

if satisfied—

a person has been convicted of an offence in connection with the seized thing, or

a person has been the subject of a civil penalty order for a contravention in connection with the seized thing, or

the owner of the seized thing or the person from whom the thing was seized cannot be found despite inquiries being made that are reasonable in the circumstances, or

the seized thing cannot be returned to the owner or the person from whom the thing was seized for other reasons despite efforts being made that are reasonable in the circumstances, or

otherwise—on prescribed grounds.

At least 21 days before making an order, the Minister must give the apparent owner of a seized thing written notice of the intention to declare the seized thing to be forfeited.

The notice must specify a period within which the apparent owner may make submissions to the Minister before the order is made.

The Minister is not required to give notice to the apparent owner of a seized thing if satisfied—

the owner of the seized thing cannot be found despite inquiries being made that are reasonable in the circumstances, or

the seized thing cannot be returned to the owner or the person from whom the thing was seized for other reasons despite efforts being made that are reasonable in the circumstances.

The Minister must consider submissions made in accordance with the notice.