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National Environmental Management Act, 1998 (Act No. 107 of 1998)

Chapter 7 : Compliance, Enforcement and Protection

Part 3 : Judicial Matters

34D. Forfeiture of items


(1) The court convicting a person of an offence in terms of this Act or any of the specific environmental Acts may declare any item including but not limited to any specimen, container, vehicle, vessel, aircraft or document that was used for the purpose of or in connection with the commission of the offence and was seized under the provisions of this Part, to be forfeited to the State.


(2) The provisions of section 35 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977), apply to the forfeiture of any item in terms of subsection (1), subject to such modifications as the context may require.


(3) The Minister must ensure that any specimen forfeited to the State in terms of subsection (1) is—
(a) repatriated to the country of export or origin as appropriate, at the expense of the person convicted of the offence involving that specimen;
(b) deposited in an appropriate institution, collection or museum, if—
(i) the specimen is clearly marked as a seized specimen; and
(ii) the person convicted of the offence does not benefit or gain from such deposit; or
(c) otherwise disposed of in an appropriate manner.