Section 33

Any timber or the proceeds of sale of the timber, or any conveyance, machinery, contrivance, equipment, book, record, document, computerized data or other thing seized in exercise of any power conferred under this Enactment shall be liable to forfeiture.

An order for the forfeiture of the timber or the proceeds of sale of the timber, or the conveyance, machinery, contrivance, equipment, book, record, document, computerized data or other thing shall be made if it is proved to the satisfaction of the court that an offence under this Enactment has been committed and that the timber or the proceeds of sale of the timber, or the conveyance, machinery, contrivance, equipment, book, record, document, computerized data or other 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 timber or the proceeds of sale of the timber, or any conveyance, machinery, contrivance, equipment, book, record, document, computerized data or other thing seized under this Enactment, such timber, or any conveyance, machinery, contrivance, equipment, book, record, document, computerized data or other 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 the notice to the last-known address of the person from whom the timber or the proceeds of sale of the timber, or any conveyance,

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machinery, contrivance, equipment, book, record, document, computerized data or other thing was seized indicating that there is no prosecution in respect of such timber or the proceeds of sale of the timber, or any conveyance, machinery, contrivance, equipment, book, record, document, computerized data or other 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 timber or the proceeds of sale of the timber, or of the conveyance, machinery, contrivance, equipment, book, record, document, computerized data or other thing referred to in subsection (3) and that it 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 timber or the proceeds of sale of the timber, or the conveyance, machinery, contrivance, equipment, book, record, document, computerized data or other thing is held that he claims the timber or the proceeds of sale of the timber, or the conveyance, machinery, contrivance, equipment, book, record, document, computerized data or other thing.

On receipt of the notice referred to in subsection (4), the enforcement officer shall refer the matter to the Director who may direct that the timber or the proceeds of sale of the timber, or the conveyance, machinery, contrivance, equipment, book, record, document, computerized data or other thing be released or may direct the enforcement officer to refer the matter to a court.

The court to whom a matter is referred under subsection (5) shall issue a summons requiring the person asserting that he is the owner of the timber or the proceeds of sale of the timber, or of the conveyance, machinery, contrivance, equipment, book, record, document, computerized data or other thing and the person from whom it was seized to appear before the court, and when the owner of the timber appears or fails to appear, due service of the summons having been proved, the court shall proceed to the examination of the matter.

If it is proved that an offence under this Enactment has been committed and that the timber or the proceeds of sale of the timber, or the conveyance, machinery, contrivance, equipment, book, record, document, computerized data or other thing referred to in subsection (6) was the subject matter of or was used in the commission of such offence, the court shall order the timber or the proceeds of sale of the timber, or the

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conveyance, machinery, contrivance, equipment, book, record, document, computerized data or other thing to be forfeited, and shall, in the absence of such proof, order its release.

Any timber or the proceeds of sale of the timber, or any conveyance, machinery, contrivance, equipment, book, record, document, computerized data or other thing forfeited or deemed to be forfeited shall be disposed of in such manner as the Director thinks fit.

The Director shall not be liable to any person for any deterioration, no matter how arising, in the quality of any timber seized under this Enactment.