Fisheries Management Act 2007

If a thing is seized under this Part, the following provisions apply:

the thing seized must be held pending proceedings for an offence against this Act related to the thing seized, unless the Minister—

on application, authorises its release to the person from whom it was seized or a person who had legal title to it at the time of its seizure, subject to such conditions as the Minister thinks fit (including conditions as to the giving of security for satisfaction of an order under paragraph (b)(i)(B)); or

in the case of fish or another perishable thing, orders that it be forfeited to the Crown;

if proceedings for an offence against this Act related to the thing seized are commenced within the prescribed period after its seizure and the defendant is found guilty of the offence, the court must consider the question of forfeiture and—

if the thing seized has not been forfeited by order of the

order that it be forfeited to the Crown; or

where it has been released under paragraph (a)(i), order that it be forfeited to the

make no order for forfeiture; or

if the thing seized has been forfeited by order of the

confirm the order for forfeiture; or

quash the order for forfeiture, as the court considers appropriate in the circumstances;

if—

the thing seized has not been released under paragraph (a)(i); and

proceedings for an offence against this Act related to the thing seized—

are not commenced within the prescribed period after its seizure;

are commenced within the prescribed period after its seizure and the defendant is not found guilty of the offence; or

are commenced within the prescribed period after its seizure and the defendant is found guilty of the offence but either no order for forfeiture is made under paragraph (b)(i) or an order is made under paragraph (b)(ii) quashing the order for forfeiture, the person from whom the thing was seized or a person who had legal title to it at the time of its seizure is entitled to recover, by action in a court of competent jurisdiction—

if the thing seized has not been forfeited by order of the

if the thing seized has been forfeited by order of the

despite paragraph (c), if fish or another perishable thing is seized in relation to an expiable offence and the offence is expiated—

the fish or other perishable thing is, if it has not already been forfeited to the Crown by order of the Minister, forfeited to the Crown by force of this paragraph; and

whether it has been forfeited by order of the Minister or under this paragraph, no compensation may be recovered in respect of the fish or other perishable thing by a person;

if the thing seized is forfeited to the Crown under this section, it may be disposed of by sale, destruction or otherwise as the Minister directs;

if compensation is payable under this subsection, the money required for that purpose must be paid out of the Fund.

Despite subsection (1), if—

a fisheries officer finds a device for taking fish unattended and, under this section, seizes the device and fish caught or trapped by the device;

the owner of the device is unknown, the following provisions apply:

the Minister may order that the fish (if any) be forfeited to the

notice of the seizure of the device must be given in accordance with the regulations;

if, after the expiration of 1 month from the giving of the notice, the owner remains unknown and the Minister determines that there is reason to believe that the device had been, was being, or was intended to be, used in contravention of this Act, the Minister may order that it be forfeited to the

In this section—