Section 27Part 6 — ENFORCEMENT AND PENALTIES
Seizure of specimen by conservation officer
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27. (1) Where a conservation officer seizes a specimen under this Law he may, after making a written inventory of the specimen seized —
return such specimen to its natural habitat;
retain it for production in evidence to a court; or
dispose of it in any manner he considers expedient.
The conservation officer shall submit the inventory made under subsection (1) to the Council and, in the case of a disposal under subsection (1) (c), he shall provide the Council with written details of such disposal.
If a conservation officer disposes of a specimen in accordance with subsection (1)(c) by way of sale, the net proceeds of that sale shall be paid into the Fund.
If a conservation officer disposes of a specimen in accordance with subsection (1) and —
it is later determined by a court that the specimen had not been caught due to the commission of an offence or had not been in the possession of any person in contravention of this Law; or Section 28 National Conservation Law, 2013 Page 38 Law 24 of 2013 c
no proceedings are taken against the person in respect of the matter within six months of the seizure of the specimen, the court may direct the Crown to return the specimen or, if that is not possible, to compensate the person from whom the specimen was seized or, where no proceedings are taken, the person, subject to the Limitation Law (1996 Revision), may apply in writing to the Council for the return of the specimen or for compensation therefor.
The amount of compensation payable for the specimen shall be determined by agreement between the applicant and the Council or, if agreement cannot be reached within a reasonable time, by the summary court on the application of either the applicant or the chairman of the Council.
The compensation payable under subsection (5) is the value of the specimen at the date of seizure.