Page:State Lands Protection Act 2022.pdf/62

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necessary to secure compliance with the notice, including—

(a) by cutting or breaking open any lock, seal, fastener or other device on or connected to the fence, partition, structure, object, vehicle, material, article or thing concerned using reasonable force;

(b) by towing away the object, vehicle, material, article or thing concerned; or

(c) by removing or demolishing any fence, partition, structure or object concerned and removing any resulting debris.

(6) Any expenses reasonably incurred by the Board under subsection (5) may be recovered from the person who failed to comply with the notice served on the person under subsection (2), and section 48 applies in respect of those expenses.

(7) Unless subsection (8) applies, any fence, partition, structure, object, vehicle, material, article, thing or resulting debris removed under subsection (5)—

(a) must be dealt with in accordance with section 364(1) of the Criminal Procedure Code 2010 where the fence, partition, structure, object, vehicle, material, article, thing or debris is to be produced in any criminal trial in connection with an offence under this Act;

(b) is deemed to be forfeited to the Board where any owner of the fence, partition, structure, object, vehicle, material, article, thing or debris consents to its disposal; or

(c) in any other case, must be—

(i) returned to the owner; or