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Ord. No. 58/87
Amendment of section 14.
5.
WASTE DISPOSAL (AMENDMENT)
Section 14 of the principal Ordinance is amended— (a) by inserting before "animal waste" the following—
"livestock waste,";
and
(b) by deleting "of Agriculture and Fisheries" wherever it occurs.
Repeal of section 15.
6.
Section 15 of the principal Ordinance is repealed.
Addition of Part IIIA.
7. The principal Ordinance is amended by adding after Part III the following-
Prohibiting livestock.
"PART IIIA
CONTROL OF LIVESTOCK Waste
15. (1) No person (other than an exempt person) shall keep livestock in or on any premises in a livestock waste First Schedule. prohibition area specified in the second column of the First Schedule after the relevant date specified opposite thereto in the third column thereof.
Livestock waste controls.
Second
Schedule.
Compensation
for seizure of livestock.
(2) Any person who contravenes subsection (1) com- mits an offence and is liable-
(a) for a first offence, to a fine of $10,000; or
(b) for a second or subsequent offence, to a fine of
$50,000; and
(c) in addition, if the offence is a continuing one, to a fine of $500 for each day on which it is proved to the satisfaction of the court that the offence has continued.
15A. (1) No person (other than an exempt person) shall keep livestock in or on any premises in a livestock waste control area specified in the second column of the Second Schedule after the relevant date specified opposite thereto in the third column thereof unless that person complies with regulations made under section 33 in relation to the collection, storage, treatment and disposal of livestock waste generated or produced in or on livestock premises.
(2) Any person who contravenes subsection (1) com- mits an offence and is liable to a fine of $10,000.
15B. (1) Where any livestock is seized-
(a) in respect of an alleged contravention of section 15A(1) and no person is subsequently convicted of an offence under that subsection in relation to that livestock; or
(b) in contravention of section 15E(1),
and whether or not such livestock is subsequently released to the owner of the livestock or the livestock keeper (other than the owner) on the order of a magistrate or otherwise, the owner or person in lawful possession of that livestock may within 6 months of such seizure or later criminal proceedings
非
Forfeiture of livestock.
Seizure of livestock.
WASTE DISPOSAL (AMENDMENT)
Ord. No. 58/87
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(if any) apply to the District Court or the High Court for compensation for any loss arising out of the seizure, which loss shall be recoverable as a civil debt due from the Govern- ment, and such application may be begun by motion.
(2) An award of compensation under subsection (1) shall be an award of such sum, if any, as is just and equitable in all the circumstances of the case, including the conduct and comparative blameworthiness of
(a) the owner of the livestock;
(b) the livestock keeper (other than the owner);
(c) the person in charge of the livestock premises in or on which the livestock was kept at the time of seizure; and
(d) the Director and any authorized officers concerned.
15C. (1) A court which convicts any person of an offence under section 15 or 15A may, in addition to any other order that it makes, order the forfeiture of any livestock in respect of which the offence is committed.
(2) Where livestock in respect of which a person is convicted of an offence under section 15 or 15A is sold or otherwise disposed of, whether under section 15D(2) or otherwise, a court which subsequently convicts any person who is the owner of the livestock of an offence under section 15 or 15A may order—
(a) in the case of a sale under section 15D(2), the forfeiture of a sum of money equal to the balance referred to in section 15D(3); and
(b) in any other case, the forfeiture of a sum of money equal to the value of the livestock at the time of its disposal.
15D. (1) Subject to section 15E, the Director may seize, detain and dispose of any livestock that he has reason- able cause to suspect is being kept in contravention of section 15 or 15A.
(2) Subject to subsection (4), where livestock is seized under subsection (1) the livestock may be sold by the Direc- tor, whether or not any person is prosecuted for, or convicted of, an offence under section 15 or 15A, and the proceeds of sale dealt with under subsection (3).
(3) Where livestock is sold under subsection (2) the proceeds of sale shall be used to pay any costs incurred in the seizure, detention and sale and the balance (if any)——
(a) shall be paid to the person who—
(i) submits in writing to the Director within 28 days of the sale a claim to such livestock; and
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