Use of powers

(1) The powers conferred by sections 48 and 49 to enter any premises or place does not include power to enter a room that is used solely for domestic purposes. (2) Nothing in sections 48 and 49 shall be construed so as to require any person to answer a question if the answer might tend to incriminate that person. (3) Any vessel, vehicle or other conveyance, livestock or other articles seized pursuant to section 49 shall be delivered into the custody of the Chief Executive Officer or to a person authorized by the Chief Executive Officer in that behalf. (4) Notwithstanding sub-section (2), a vessel, vehicle or other conveyance, livestock or other article seized pursuant to section 49 of this Act may, on application by the person from whom the vessel, vehicle or other conveyance, livestock, or article was seized or, if that person is not the owner, by the owner, be released to that person or, as the case may be, to the owner, under such sureties and conditions including the entering into of a bond or other financial security to secure the payment of money, as the Chief Executive Officer shall specify. (5) Where, in the opinion of the Chief Executive Officer, any livestock or other article seized pursuant section 49 may rot, spoil, or otherwise perish, the Chief Executive Officer may arrange for the sale of the livestock, or other article, or may otherwise dispose of them as the Chief Executive Officer thinks fit. (6) Where the ownership of any vessel, vehicle or other conveyance, gear, implement, appliance, material, container, 48 goods, equipment, or livestock, cannot, at the time of seizure, be ascertained, the property seized shall stand forfeited to the Authority and shall be disposed of as directed by the Authority after ninety days from the date of seizure if it is not required to be used as evidence of a violation and if, within that time, it has not been possible after reasonable enquiry to establish the ownership of the property. (7) All property seized pursuant to section 49 and the proceeds from the sale of property pursuant to sub-section (5) except where the property has been released pursuant to sub- section (4) or the property or proceeds have been forfeited to the Authority pursuant to sub-section (6) shall be held in the custody of the Chief Executive Officer or an authorized person until– (a) a decision is made not to proceed to a hearing in respect of the alleged violation for which the property was seized; or (b) where proceedings are initiated, upon the completion of proceedings in respect of the alleged violation for which the property was seized, or such sooner time as the Authority may determine. (8) The decision whether or not to initiate proceedings in respect of an alleged violation for which any property has been seized under section 49 shall be made no later than thirty days after the day on which the property is seized. (9) Neither the Chief Executive Officer nor the Authority or any Director, employee or consultant thereof shall be liable to any person for any spoilage or deterioration in the quality of any livestock or, subject to reasonable care being taken, any deterioration in any vessel, vehicle, other conveyance or other article seized under section 49. Aquaculture Development [CAP. 204:01 49 (10) Subject to sub-section (9), but notwithstanding any other provisions of this section, where property has been seized under section 49 then– (a) on a decision being made not to initiate proceedings in respect of an alleged violation; or (b) on the dismissal of any such proceedings; the property, or the proceeds from the sale of the property, shall forthwith be released from the custody of the Chief Executive Officer or authorized person to the person from whom they were seized or to their owner. (11) A person against whom a violation has been proved shall be liable to pay to the Authority the reasonable costs of handling, securing, maintaining, and storing property seized under sub-section 49 in relation to the violation, which costs may be assessed by the Authority and collected in like manner as a civil debt. (12) Notwithstanding any other provision in this section, a Designated Officer who, at the time of seizure, returns to the aquaculture facility any livestock seized pursuant to section 49 of this Act, that the Officer believes to be alive, shall not be under any civil or criminal liability to the person from whom the livestock was seized in the event of a decision being made not to initiate or continue any proceedings in respect of the livestock, or of the person being held not to be guilty of a