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National Environment Management: Integrated Coastal Management Act, 2008 (Act No. 24 of 2008)

Regulations

Control of Use of Vehicles in the Coastal Area Regulations

12. Procedure with regard to seized vehicles

 

(1) Any vehicle seized under these regulations must—
(a) be immediately delivered to a police official if the authorised officer is not a police official as defined in section 1 of the Criminal Procedure Act; and
(b) be dealt with in accordance with the provisions of the Criminal Procedure Act, except as otherwise provided in these regulations.

 

(2) If any vehicle has been seized in terms of regulation 10 and a person who has been properly charged with an offence in relation thereto fails to appear to answer the charge within 90 days of the seizure, the Director-General may apply to the court for it to be forfeited to the State and the court shall make any order it considers appropriate.

 

(3) If the lawful owner of a seized vehicle fails to take delivery of the vehicle within 90 days of being notified by registered post at his or her last-known address that he or she may take possession of the vehicle, the vehicle shall be forfeited to the State and disposed of as the Director-General in his or her discretion considers appropriate.

 

(4) If the owner of a vehicle or the person having the possession, care or control of it at the time of its seizure is served with a written notice or convicted of an offence in terms of these regulations and a fine is imposed, the vehicle may be detained until all fines, orders for costs and penalties imposed in terms of these regulations have been paid.

 

(5) If any payment contemplated in subregulation (4) is not made within such time as the court may determine, the court may order the vehicle to be forfeited to the State.