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HERITAGE ACT 1977 - SECT 151
Evidence
151 Evidence
(1) A document purporting to be an interim heritage order is admissible in
evidence in any legal proceedings and is prima facie evidence of the due
making of that order and the contents thereof if it purports to be printed by
the Government Printer or by the authority of the Government.
(1A) The
Heritage Council may issue a certificate certifying that a particular item or
particular land is or is not the subject of a listing on the
State Heritage Register, or was or was not the subject of a listing on the
State Heritage Register on a particular date or during a particular period.
Such a certificate is prima facie evidence of the matters certified. A
certificate purporting to have been issued by the Heritage Council under this
section is presumed, unless the contrary is established, to have been so
issued.
(2) A document purporting to be a copy or extract of any document,
map or plan embodied, incorporated or referred to in an interim heritage order
or a listing on the State Heritage Register is admissible in evidence in any
legal proceedings if-- (a) it purports to be printed by the Government Printer
or by the authority of the Government, or
(b) it purports to be certified,
where the original document, map or plan is in the custody of the Department
of Planning and Environment, under the hand of a person employed in that
Department.
(3) Where the original document, map or plan is in the custody of
the Department of Planning and Environment, the Department of Premier and
Cabinet shall furnish the certified copy or extract to the person applying for
it upon payment of such fee as is determined by the Department of Premier and
Cabinet.
(4) For the purposes of this section, a copy or extract of a map or
plan may be to the same scale as the original or may be an enlarged or reduced
copy.
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