1964_WASTE_DISPOSAL_ORDINANCE — Page 14

1987 Ed.]

Waste Disposal

[CAP. 354

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(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 accordance 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 intended seizure is kept.

(6) The magistrate shall, before issuing a warrant under sub- section (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 otherwise of the grounds relied upon by the Director under subsection (4)(a).

(Part IIIA added, 58 of 1987, s. 7)

Restriction on seizure of livestock.