National Environmental Management Act, 1998 (Act No. 107 of 1998)Chapter 7 : Compliance, Enforcement and ProtectionPart 3 : Judicial Matters34F. Security for release of vehicles, vessels or aircraft |
| (1) | If a vehicle, vessel or aircraft is seized in terms of this Act and is kept for the purposes of criminal proceedings, the owner or agent of the owner may at any time apply to a court for the release of the vehicle, vessel or aircraft. |
| (2) | A court may order the release of the vehicle, vessel or aircraft on the provision of security determined by the court. |
| (3) | The amount of the security must at least be equal to the sum of— |
| (a) | the market value of the vehicle, vessel or aircraft; |
| (b) | the maximum fine that a court may impose for the alleged offence; and |
| (c) | costs and expenses incurred or reasonably foreseen to be incurred by the State in connection with prosecuting the offence and recoverable in terms of this Act. |
| (4) | If the court is satisfied that there are circumstances which warrant a lesser amount of security, it may order the release of the vehicle, vessel or aircraft subject to the provision of security for such lesser amount. |