Section 36
Seizure of species traded in contravention of Act
(1)
Where an authorised officer finds, in or on any vessel or aircraft or at any port or airport, any specimen of any species listed in the Appendix that —
(a)
is being traded otherwise than in accordance with this Act; or
(b)
is not listed on the inward or outward report in respect of that vessel or aircraft,
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that specimen shall be forfeited to the Government, and shall be seized by him and disposed of in accordance with section 44.
(2)
Any authorised officer who has reasonable cause to believe that any specimen of such species has been imported or introduced from the sea into Brunei Darussalam otherwise than in accordance with this Act, may seize that specimen and —
(a)
in the case of an animal, any descendant of that specimen; or
(b)
in the case of a plant, any propagation of that specimen, and shall deliver it into the custody of the Director.
(3)
Any authorised officer who has reasonable cause to believe that any specimen of such species is intended to be exported or re-exported from
Brunei Darussalam otherwise than in accordance with this Act, may seize that specimen and shall deliver it into the custody of the Director.
(4)
Any authorised officer seizing any specimen under this section may also seize —
(a)
any container, packing case, crate, box, or any other form of receptacle (not being a bulk cargo container or a pallet) holding that specimen; and
(b)
any other thing which the authorised officer has reason to believe will be evidence of a breach of the provisions of this Act or of any regulations made hereunder, and shall deliver it into the custody of the Director:
Provided that the owner or the person entitled to the possession of the items seized under this subsection may apply to the court at any time for the return of those items not being items that are required for evidential purposes in a hearing of any court, and the court may order the retention of those items or their return on such conditions as it thinks fit
(5)
No compensation shall be payable in respect of any specimen seized under subsection (1).
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