Intellectual Property Rights from Publicly Financed Research and
R 385
Fire Brigade Services Act, 1987 (Act No. 99 of 1987)9. Salvaging of movable property |
| (1) | A chief fire officer may in the performance of his functions salvage, or remove and place in safe custody, any movable property which in his opinion is in danger. |
| (2) | Any costs incurred by or at the request of a chief fire officer for the purposes contemplated in subsection (1), may be recovered from the owner or possessor of the property in question, and the controlling authority concerned has a lien on that property for the payment of those costs. |
| (3) | If the costs referred to in subsection (2) are not paid within 30 days, or such longer period as may be determined by the controlling authority concerned, after that authority— |
| (a) | served a written request for payment thereof on the owner or possessor in question; or |
| (b) | if that owner or possessor cannot be traced, remitted such request by registered post to his last known address or published such request in both official languages in a newspaper circulated in the area concerned, the controlling authority may sell the property in question by public auction and shall apply the proceeds thereof for the defrayal of those costs, while any balance shall on application be reimbursed to the owner or possessor in question. |
| (4) | If no application for reimbursement of the balance is made within one year after the public auction referred to in subsection (3), that balance shall be forfeited to the controlling authority concerned. |
| (5) | A certificate purporting to be signed by a chief fire officer and in which it is certified that the costs specified therein have been incurred for the purposes contemplated in subsection (1) shall on production thereof in a court of law be prima facie proof of the costs referred to in subsection (2). |
| (6) | If the owner or possessor of movable property which in terms of subsection (1) has been salvaged or removed does not claim such property within 30 days after the controlling authority has made known in both official languages in a newspaper circulated in the area concerned that such property has been placed in safe custody, that controlling authority may sell the property concerned by public auction and apply the proceeds thereof for the defrayal of any costs incurred while any balance shall be employed by the controlling authority in respect of the maintenance of its service. |
