Return of seized things
264 Return of seized things
S. 264 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).
As soon as possible after an authorised officer seizes or obtains a thing (including a document) under this Part, the Authority must return the thing to the owner unless—
the Authority considers it necessary to retain the thing because it may afford evidence in a proceeding that has been, or may be, commenced for an offence against this Act or the regulations; or
the thing is forfeited to the Authority under section 265; or
the Authority is otherwise authorised, whether by an Act or other law or by a court order, to retain, destroy or dispose of the thing.
The Authority may return the thing unconditionally or on such terms and conditions as the Authority considers appropriate to minimise risks of harm to human health or the environment from pollution or waste.
If the Authority imposes terms or conditions on the return of a thing, the owner must comply with the terms and conditions.
Penalty: In the case of a natural person, 60 penalty units;
In the case of a body corporate, 300 penalty units.
This provision refers to the regulations (the regulations
). Made under this Act:
- Environment Protection Further Revocation Regulations 2021 · under section 465
- Environment Protection Regulations 2021 · under section 465
This Act’s bill:Explanatory memorandumSecond reading speech
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