| (1) |
The director may, at any time in any manner deemed fit by him, and without notice to any person, seize— |
| (i) |
which is concerned, or is on reasonable grounds believed by him to be concerned, in the commission or suspected commission of any offence under this Act; or |
| (ii) |
which may afford evidence of the commission or suspected commission of any such offence; or |
| (iii) |
which is intended, or is on reasonable grounds believed by him to be intended, to be used in the commission of any such offence; |
| (b) |
subject to section 19, any infectious or contaminated thing, or any animal or thing which he on reasonable grounds suspects to be a contaminated or infectious thing, or any animal which he finds and which he knows, or on reasonable grounds suspects, to have strayed to the place where he finds it from a place outside the Republic. |
| (2) |
The director shall without delay deliver any thing seized by him under subsection (1)(a) to a police official as defined in section 1(1) of the Criminal Procedure Act, 1977 (Act No. 51 of 1977), and it shall be disposed of in accordance with the applicable provisions of that Act relating to seizures of objects by the State. |
| (a) |
Notwithstanding the provisions of subsection (2), the director shall remain in possession of and retain control over any animal or other thing referred to in subsection (1)(a) seized by him under the said subsection and which is an infectious or contaminated thing or is on reasonable grounds suspected to be an infectious or contaminated thing, and he may at his discretion dispose thereof. |
| (b) |
Before the director disposes of any animal or other thing under paragraph (a), he may place such thing at the disposal of a police official referred to in subsection (2) for any investigation such police official deems necessary. |
[Section 17(2A) inserted by section 8(a) of Act No. 18 of 1991]
| (a) |
Notwithstanding the provisions of subsection (2), any animal or thing which has been seized in terms of subsection (1)(a) on the ground of no permit having been obtained for the importation thereof, together with any progeny or product thereof, may, where the director is of the opinion that a permit would have been issued if an application therefor had been made, be returned to the person who has imported the animal or thing to be removed at his own expense within the period determined by the director, from the Republic. |
| (b) |
If the person referred to in paragraph (a) refuses to accept any such animal or thing, or so to remove it from the Republic, the director may at his discretion destroy it or otherwise dispose of it for the benefit of the State. |
[Section 17(2B) inserted by section 8 (a) of Act No. 18 of 1991]
| (3) |
Any animal or thing seized by the director under subsection (1)(b) may, by him — |
| (a) |
be removed to any place deemed suitable by him, and he may perform such controlled veterinary acts in respect thereof as he may deem necessary or expedient; |
| (b) |
if it is a living animal and the director considers a post-mortem examination necessary, be slaughtered; |
| (c) |
if he is of opinion that the owner in respect of the relevant animal or thing at the time of the seizure possesses the necessary equipment and means to detain and care for such animal or thing and, where applicable, any progeny or product thereof, in a manner which will ensure that the relevant controlled animal disease or parasite will not spread, be placed in the care of such person in accordance with conditions agreed upon by the director with such person; or |
| (d) |
if he is of the opinion — |
| (i) |
that any isolation or treatment thereof will not promote the relevant controlled purpose; or |
| (ii) |
that the calculated cost of the performance in respect thereof of any act referred to in paragraphs (a), (b) or (c) exceeds the estimated value thereof, or |
| (iii) |
that no remedies or equipment is available to act in accordance with paragraph (a) or (b) in respect thereof, |
be destroyed or otherwise disposed of, or the owner concerned may be ordered so to destroy or dispose of it.
| (4) |
The director shall, as soon as he is satisfied that the detention of any animal or thing seized by him under subsection (1)(b) and which has been dealt with in accordance with subsection (3)(a) or (c), is no longer necessary for any controlled purpose, return it to, or consent to its being restored in full possession of, the owner concerned, as the case may be. |
| (5) |
The carcass of any animal seized under subsection (1)(b), or which has been slaughtered pursuant to subsection (3)(b), or destroyed or disposed of under subsection (3)(d), shall be forfeited to the State, and the director may — |
| (a) |
if he is able to dispose of the carcass in a manner beneficial to the State, so dispose of it, in which case any expenditure resulting therefrom shall be defrayed from the income obtained therefrom; or |
| (b) |
where paragraph (a) is not applicable, dispose of the carcass at his discretion. |
| (6) |
An owner of any animal or thing seized under subsection (1), shall reimburse the State with any reasonable expenses incurred by the director in connection with the performance by him of any act under any provision of subsection (2B), (3), (4) or (5) in respect thereof, and which cannot be defrayed from any income referred to in subsection (5)(a): Provided that the foregoing provisions of this subsection shall not apply in respect of any animal to which any provision of an animal health scheme applies. |
[Section 17(6) substituted by section 8 (b) of Act No. 18 of 1991]
Gas Regulator Levies Act, 2002
