National Environment Management: Integrated Coastal Management Act, 2008 (Act No. 24 of 2008)RegulationsControl of Use of Vehicles in the Coastal Area Regulations12. Procedure with regard to seized vehicles |
| (1) | Any vehicle seized under these regulations must— |
| (a) | be immediately delivered to a police official if the authorised officer is not a police official as defined in section 1 of the Criminal Procedure Act; and |
| (b) | be dealt with in accordance with the provisions of the Criminal Procedure Act, except as otherwise provided in these regulations. |
| (2) | If any vehicle has been seized in terms of regulation 10 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 seizure, the Director-General may apply to the court for it to be forfeited to the State and the court shall make any order it considers appropriate. |
| (3) | If the lawful owner of a seized vehicle fails to take delivery of the vehicle within 90 days of being notified by registered post at his or her last-known address that he or she may take possession of the vehicle, the vehicle shall be forfeited to the State and disposed of as the Director-General in his or her discretion considers appropriate. |
| (4) | If the owner of a vehicle or the person having the possession, care or control of it at the time of its seizure is served with a written notice or convicted of an offence in terms of these regulations and a fine is imposed, the vehicle may be detained until all fines, orders for costs and penalties imposed in terms of these regulations have been paid. |
| (5) | If any payment contemplated in subregulation (4) is not made within such time as the court may determine, the court may order the vehicle to be forfeited to the State. |