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FOREST, SOIL AND WATER CONSERVATION ACT
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38.   Power to seize tools and produce and condemn

Revised Laws of Saint Lucia (2021)

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38.   Power to seize tools and produce and condemn

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    (1)   When there is reason to believe that a forest offence has been committed in respect of any forest produce, such produce, together with all tools power saws and equipment, ropes, chains, boats, crafts, carriages, motor vehicles carts and livestock used in the commission of such offence, may be seized by any forest officer or person authorised by him or her, or by any rural constable or police officer.

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    (2)   A person who seizes any property under this section shall, as soon as may be, make a report of such seizure to a magistrate. However, when the forest produce with respect to which such offence is believed to have been committed is the property of the Government, and the offender is unknown, it is sufficient if the officer makes, as soon as may be, a report of the circumstances to his or her official superior.

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    (3)   All such property shall be forfeited to the Crown, and shall be taken to be condemned, and may be sold by the forest officer of the district in which the seizure took place, unless the person from whom the same shall have been seized or the owner thereof or some person authorised by him or her shall, within 14 days of seizing the same, claim the same, and shall, within the said term of 14 days, or such further term as a magistrate may allow, prove to the satisfaction of such magistrate that such forest produce was not obtained from Crown land, or that such person had some sufficient licence or authority in that behalf.

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    (4)   In lieu of the forfeiture of any of the things other than forest produce mentioned in this section, the magistrate may order the owner thereof to pay such penalty, not exceeding $5,000, as the magistrate may think fit, and on payment of such penalty such things shall be returned to the owner.

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    (5)   Whoever seizes any forest produce or any property under this section shall place on such forest produce or property, or the receptacle, if any, in which it is contained a mark indicating that the same has been seized.

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    (6)   Despite anything in this section contained a forest officer may direct at any time the immediate release of any property seized under the provisions of this section which is not the property of the Crown, and the withdrawal of any charge made in respect of such property.

(Amended by Act 11 of 1983)

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