Section 12: Powers of search, seizure and arrest

12. Powers of search, seizure and arrest (1) Any forest officer or police officer, the Chief Surveyor, the authorised officer, or the owner or occupier of the land on which an offence is committed, may, without warrant, arrest any person found committing an offence under this Act. (2) Any forest officer or police officer, the Chief Surveyor or the authorised officer may at all reasonable hours enter— (a) State land, forest land or any reserve; (b) any land adjacent to State land, a mountain, nature or river reserve; and (c) any land which it may be necessary to cross in order to reach State land, a mountain, nature or river reserve. (3) Any forest officer or police officer or the owner or occupier of the land, who finds any animal, other than game, on State land, a mountain, nature or river reserve may seize and impound the animal. (4) Any animal seized and impounded under subsection (3) shall be dealt with in the manner specified in section 4 of the Prevention of Cruelty to Animals Act. (5) The authorised officer or any forest officer may, at all reasonable hours, enter any premises where wood is kept and inspect the premises and the wood found on the premises. F22 – 7 [Issue 1] Forests and Reserves Act (6) Where, in the course of an inspection under subsection (5), the authorised officer or any forest officer has reason to believe that the wood kept on the premises has been obtained in contravention of this Act, he may seize and remove the wood. (7) Any wood seized under subsection (6) and in respect of which a conviction for an offence under this Act ensues shall be forfeited unless the Court, on being satisfied that the wood was obtained or removed from any land, other than State land, without the knowledge of the owner or occupier, orders that the wood be returned to the owner or occupier of the land. (8) Any forest officer or police officer may, for the purposes of this Act, stop any vehicle carrying forest produce and— (a) where the driver or any person in charge of the vehicle fails to comply with an order given to him by the forest officer or police officer, he shall commit an offence; or (b) where the forest officer or police officer has reason to believe that an offence is being or has been committed in contravention of this Act with respect to the forest produce carried by the vehicle, he may seize and remove the forest produce. (9) Any cattle, vehicle, implement, or forest produce found in the possession of any person who contravenes this Act may be seized and taken to a police station and the officer in charge of the station shall retain them at such place as he thinks fit for production in respect of any prosecution for an offence under this Act. [S. 12 amended by Act 48 of 1991.]