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Ord. No. 58/87
Restriction on
seizure of livestock.
WASTE DISPOSAL (AMENDMENT)
(ii) proves to the satisfaction of the Director he was the owner of the livestock at the time it seized; or
(b) where it is not paid under paragraph (a), shall be forfeited unless, within 2 months of the sale, a court otherwise orders upon an application made by the Director or any person who has an interest in the livestock.
(4) Where livestock seized under subsection (1) is of no commercial value or the sale of the livestock is for any reason not considered by the Director to be practicable the Director may order the livestock to be destroyed or otherwise disposed of in such manner as he thinks fit.
15E. (1) The Director shall not under section 15D(1) seize any livestock that he has reasonable cause to suspect is being kept in contravention of section 15A(1) unless he has first served on the owner of the livestock or the livestock keeper (other than the owner) notice of intended seizure in a form which the Director may specify and obtained a warrant issued by a magistrate under subsection (2) for that purpose.
(2) A magistrate may issue a warrant to the Director to seize livestock that the Director has reasonable cause to suspect is being kept in contravention of section 15A(1) if the magistrate is satisfied by information on oath that there are reasonable grounds for seizing that livestock.
(3) Where the Director seizes any livestock in accord- ance with a warrant issued under subsection (2) he shall, if required, produce that warrant.
(4) A notice under subsection (1) of intended seizure of any livestock shall state-
(a) the grounds upon which the Director seeks to rely in reasonably suspecting that that livestock is being kept in contravention of section 15A(1); and
(b) the date on which the Director intends to apply to a magistrate for a warrant to seize that livestock being a date not less than 7 clear days following service of the notice.
(5) A notice under subsection (1) of intended seizure of any livestock shall be deemed to have been duly served on the owner of the livestock or the livestock keeper (other than the owner) if it—
(a) is delivered to him, or to the person whom the Director believes to be the owner or the livestock keeper; or
(b) is sent by recorded delivery to the livestock premises in or on which the livestock the subject of the in- tended seizure is kept.
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8.
WASTE DISPOSAL (AMENDMENT)
Ord. No. 58/87
A425
(6) The magistrate shall, before issuing a warrant under subsection (2), give the owner of the livestock or the livestock keeper (other than the owner) if present before him the opportunity of addressing him on the reasonableness or other- wise of the grounds relied upon by the Director under subsection (4)(a).”.
Section 22(1)(a) of the principal Ordinance is amended by inserting Amendment of before "or animal waste" the following-
", livestock waste”.
section 22.
9. The principal Ordinance is amended by adding after Part V the Addition of following new Part-
Authorized officers.
by-
Power of authority to obtain information.
"PART VA
ENFORCEMENT
23A. Any public officer may be authorized in writing
(a) the Director; or
(b) the collection authority; or
(c) the waste disposal authority,
to perform or exercise all or any of the functions, duties or powers which are imposed or conferred by this Ordinance upon the Director, the collection authority or the waste disposal authority, as the case may be, by which the public officer is so authorized, or which by virtue of this Ordinance may be exercised by an authorized officer.
23B. (1) By notice in writing served on any person- (a) the collection authority; or
(b) the waste disposal authority,
may require that person to furnish to the authority so requiring, within such time and in such form as is specified in the notice, any information specified in the notice which that authority may reasonably require for the purpose of exercis- ing and performing its functions, duties and powers under this Ordinance.
(2) A person who—
(a) fails without reasonable excuse to comply with any of the requirements of a notice served on him under subsection (1); or
(b) in purported compliance with such a notice, makes any statement to the authority which he knows to be incorrect in a material respect or recklessly makes any statement to the authority which is incorrect in a material respect or knowingly omits any material particular,
commits an offence and is liable to a fine of $10,000.
Part VA.
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