Marine Living Resources Act, 1998 (Act No. 18 of 1998)Chapter 7 : Judicial Matters64. Treatment of things detained or seized |
| (1) | If any vessel, vehicle, aircraft or other thing has been detained or seized in terms of section 51, 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 detention or seizure, the Minister may apply to the court for it to be forfeited to the State and the court shall make such order as it shall deem fit. |
| (2) | If the lawful owner of a vessel, vehicle, aircraft or thing seized or detained in terms of section 51 cannot be traced within 90 days of such seizure it shall be forfeited to the State and be disposed of as the Director-General in his or her discretion shall consider fit. |
| (3) | If a vessel, vehicle, aircraft or thing has been seized or detained in terms of section 51 and the court does not order the forfeiture of it, any proceeds realised from its disposal shall be returned to the owner thereof or the person having the possession, care or control of it at the time of such detention or seizure. |
| (4) | If the owner of a vessel, vehicle, aircraft or thing or the person having the possession, care or control of it at the time of its seizure or detention is convicted of an offence in terms of this Act and a fine is imposed, it may be detained until all fines, orders for costs and penalties imposed in terms of this Act have been paid. |
| (5) | If any payment contemplated in subsection (4) is not made within such time as the court may determine, the vessel, vehicle, aircraft or thing may be sold in satisfaction and the proceeds shall be dealt with in accordance with section 65. |
| (6) | Any vessel, vehicle, aircraft or other thing ordered to be forfeited in terms of this Act may, if no appeal has been lodged at the expiry of the time limited for appeal in a court, be disposed of in the manner that the Minister may determine. |