Section 110

An order for the forfeiture of any wildlife, part or derivative of any wildlife, snare, trap, bait, poisoned bait, arms, conveyance, book, record, document or thing seized and liable to forfeiture under this

Act shall be made by the court before which the prosecution with regard thereto has been held and an order for the forfeiture of the things seized shall be made if it is proved to the satisfaction of the

Wildlife Conservation 65

court that an offence under this Act or any of its subsidiary legislation has been committed and that the wildlife, part or derivative of any wildlife, snare, trap, bait, poisoned bait, arms, conveyance, book, record, document or thing was the subject matter of or was used in the commission of the offence, even though no person has been convicted of such offence.

If there is no prosecution with regard to any wildlife, part or derivative of any wildlife, snare, trap, bait, poisoned bait, arms, conveyance, book, record, document or thing seized under this Act, such wildlife, part or derivative of any wildlife, snare, trap, bait, poisoned bait, arms, conveyance, book, record, document or thing shall be taken and deemed to be forfeited at the expiration of a period of one calendar month from the date of service of a notice to the last-known address of the person from whom the wildlife, part or derivative of any wildlife, snare, trap, bait, poisoned bait, arms, conveyance, book, record, document or thing was seized indicating that there is no prosecution in respect of such wildlife, part or derivative of any wildlife, snare, trap, bait, poisoned bait, arms, conveyance, book, record, document or thing, unless before the expiration of that period a claim to it is made in the manner set out in subsections (4), (5), (6) and (7).

Any person asserting that he is the owner of the wildlife, part or derivative of any wildlife, snare, trap, bait, poisoned bait, arms, conveyance, book, record, document or thing referred to in subsection (3) and that the wildlife, part or derivative of any wildlife, snare, trap, bait, poisoned bait, arms, conveyance, book, record, document or thing is not liable to forfeiture may personally or by his agent authorized in writing, give written notice to the enforcement officer in whose possession such wildlife, part or derivative of any wildlife, snare, trap, bait, poisoned bait, arms, conveyance, book, record, document or thing is held that he claims the wildlife, part or derivative of any wildlife, snare, trap, bait, poisoned bait, arms, conveyance, book, record, document or thing.

On receipt of the notice referred to in subsection (4), the enforcement officer shall refer the claim to a Magistrate of the First

Class for his decision.

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The Magistrate to whom a matter is referred under subsection (5)

shall issue a summons requiring the person asserting that he is the owner of the wildlife, part or derivative of any wildlife, snare, trap, bait, poisoned bait, arms, conveyance, book, record, document or thing and the person from whom it was seized to appear before the Magistrate, and when they appear or they fail to appear, due service of the summons having been proved, the Magistrate shall proceed to the examination of the matter.

If it is proved that an offence under this Act or any of its subsidiary legislation has been committed and that such wildlife, part or derivative of any wildlife, snare, trap, bait, poisoned bait, arms, conveyance, book, record, document or thing referred to in subsection (6) was the subject matter of or was used in the commission of such offence, the Magistrate shall order the wildlife, part or derivative of any wildlife, snare, trap, bait, poisoned bait, arms, conveyance, book, record, document or thing to be forfeited, and shall, in the absence of such proof, order its release.

Any wildlife, part or derivative of any wildlife, snare, trap, bait, poisoned bait, arms, conveyance, book, record, document or thing forfeited or deemed to be forfeited shall be delivered to the

Director General and shall be disposed of in such manner as the

Director General thinks fit.

Property in forfeited wildlife, etc.