Section 45: Power of entry, search, seizure and arrest

45. Power of entry, search, seizure and arrest (1) Where a Magistrate is satisfied by information on oath that there are reasonable grounds to believe that an offence under this Act in relation to wildlife has been, is being, or is about to be committed, the Magistrate may issue a warrant authorising any officer to enter any land or premises and to search for any wildlife which is the subject matter of the offence. (2) Where a person is found hunting or carrying hunting equipment in breach of this Act on any land, any officer may enter the land without a warrant. (3) Where a police officer not below the rank of Inspector, or any officer designated by the supervising officer of the Ministry, has reasonable ground to suspect that an offence is being committed or is about to be committed, and is satisfied that it is impracticable, for reasons of urgency, to seek a warrant from a Magistrate, he may, without a warrant— (a) enter and search any premises; (b) stop and search any vehicle; (c) seize any hunting equipment or other device used in contravention of this Act, together with any vehicle used to assist in or facilitate such contravention; or (d) seize any wildlife or species obtained or possessed in breach of this Act. (4) For the purposes of this Act, an officer may, at any time, enter— (a) any buffer zone; or (b) any land which it is convenient or expedient to cross in order to reach any reserved land. [Issue 8] N30A – 24 Revised Laws of Mauritius (5) Any person who is reasonably suspected of having committed an offence under this Act may be arrested without a warrant— (a) by the owner or occupier of the land on which the offence is suspected of having been committed; (b) by a person authorised by the owner or occupier; or (c) by an officer. (6) (a) Any hunting equipment, device or product of wildlife found in the possession of a person arrested under this section may be seized by the owner or occupier of the land on which the offence has been committed, by a person authorised by the owner or occupier or by an officer. (b) In the case of a seizure effected under paragraph (a) by the owner or occupier of the land on which the offence has been committed or by a person authorised by the owner or occupier, the seized hunting equipment, device or product of wildlife caught shall be remitted forthwith to an officer. (7) The officer referred to in subsection (6) may dispose of any product of a perishable nature. (8) Any expense incurred as a result of a seizure, including custody costs, the costs of transporting and disposing of species or of maintaining wildlife during the time of seizure shall be recoverable from the offender. (9) Any other species of wildlife confiscated under this Act shall remain the property of the Management Authority which, in consultation with the supervising officer of the Ministry, shall decide on their disposal. (10) Where a person commits an offence under this Part, any cage, container, boat, aeroplane, vehicle or other article or equipment in respect of which, or by means of which, the offence was committed, shall be forfeited. PART XI – FINANCIAL PROVISIONS AND ACCOUNTS