Water Act 2000

A thing that has been seized under this division is forfeited to the State if the authorised officer who seized the thing—

can not find its owner, after making reasonable inquiries; or

can not return it to its owner, after making reasonable efforts.

In applying subsection (1)—

subsection (1)(a) does not require the authorised officer to make inquiries if it would be unreasonable to make inquiries to find the owner; and

subsection (1)(b) does not require the authorised officer to make efforts if it would be unreasonable to make efforts to return the thing to its owner.Example for paragraph (b)—The owner of the thing has migrated to another country.

Regard must be had to a thing’s nature, condition and value in deciding—

whether it is reasonable to make inquiries or efforts; and

if making inquiries or efforts—what inquiries or efforts, including the period over which they are made, are reasonable.