(3) The power conferred on an authorised officer under subsection (2)(b) may be exercised whether or not the owner, driver, rider or person in charge of the removed material is present at the time of its removal.
(4) When any removed material is moved or removed by an authorised officer under subsection (2)(a) or (b), the officer concerned must as soon as practicable give notice of the moving or removal and the grounds of doing so to the owner of that removed material, if known, except that the notice is not required to be given where the moving or removal is made in the presence of the owner or the owner’s agent.
(5) Where it appears to the Commissioner of Lands that any removed material—
- (a) is perishable;
- (b) may rapidly depreciate in value; or
- (c) is of such a nature or in such condition that it would be dangerous, not reasonably practicable or unduly costly for the Authority to retain custody of the removed material,
the Commissioner of Lands may, instead of storing the removed material at a holding yard, cause it—
- (d) to be sold (by public auction or otherwise) at once and the proceeds of sale to be paid into the Consolidated Fund; or
- (e) to be destroyed or otherwise disposed of at such time and in such manner as the Commissioner of Lands thinks fit.
(6) If a person who appears, to the satisfaction of the Commissioner of Lands, to be the owner of any removed material moved or removed under subsection (1) and not to be a person in default with complying with the encroachment notice concerned, claims—
- (a) after that removed material has been sold, destroyed or disposed of under subsection (5); but
