(1)  If a person is taken under section 20 of the Monetary Penalties Enforcement Act 2005 to have been convicted of an offence, any of the following seized under this Act is forfeited to the Crown:

(a) any fish to which the offence relates;

(b) any apparatus or equipment used or intended to be used in, or in connection with, the commission of the offence;

(c) any vessel, vehicle, aircraft or other thing used in, or in connection with, the commission of the offence.

(2)  Forfeiture takes effect –

(a) if an application is not made under subsection (3) , 108 days after service of the infringement notice; or

(b) if an application is made under subsection (3) and a court under subsection (7) (b) refuses to make an order, on the date of that refusal.

(3)  The owner of anything forfeited under subsection (1) (c) may apply to a court for an order for its return.

(4)  An application is to –

(a) be in writing; and

(b) be made within 108 days after service of the infringement notice; and

(c) state the reasons for the application.

(5)  A person must serve a copy of the application on the Secretary.

(6)  The Secretary, or a person authorised by the Secretary, may appear before the court at the hearing of the application.

(7)  A court, if satisfied that special reasons exist, may –

(a) make the order applied for; or

(b) refuse to make the order applied for; or

(c) make any other order it considers appropriate.