Queensland Consolidated Acts
[Index]
[Table]
[Search]
[Search this Act]
[Notes]
[Noteup]
[Previous]
[Next]
[Download]
[Help]
ENVIRONMENTAL PROTECTION ACT 1994 - SECT 490
Evidentiary provisions
490 Evidentiary provisions
(1) This section applies to a proceeding under or in relation to this Act.
(2) Unless a party, by reasonable notice, requires proof of— (a) the
appointment of an authorised person under this Act; or
(b) the authority of
an authorised person to do an act under this Act;
the appointment or authority
must be presumed.
(3) A signature purporting to be the signature of the
administering executive or an authorised person is evidence of the signature
it purports to be.
(4) A certificate purporting to be signed by the Minister
stating that a stated person is or was the administering authority or
administering executive at a time, or during a stated period, is evidence of
the matter stated in the certificate.
(5) A certificate purporting to be
signed by the administering executive stating any of the following matters is
evidence of the matter— (a) a stated document is a copy of a document
issued, given, received or kept by the administering authority under this Act;
(b) on a stated day, or during a stated period, a stated person was or was not
the holder of an environmental requirement, permit or other authority issued
or given under this Act;
(c) an environmental requirement or other authority
or permit issued or given under this Act— (i) was or was not issued or given
for a stated term; or
(ii) was or was not in force on a stated day or during
a stated period; or
(iii) was or was not subject to a stated condition;
(d)
on a stated day, an environmental authority or registration was suspended for
a stated period or cancelled;
(e) on a stated day, a stated person was given
a stated notice, direction, or order under this Act;
(f) a stated document is
a copy of a part of, or an extract from, a register kept under this Act;
(g)
a stated amount is payable under this Act by a stated person and has not been
paid;
(h) that a stated substance is a contaminant or an ozone depleting
substance;
(i) that a stated method of storage, preservation, handling or
transportation of a sample taken under this Act has not materially affected
the attributes of the sample;
(j) another matter prescribed by regulation.
(6) A map, chart or plan is evidence of the matters stated or shown in the
map, chart or plan if— (a) the prosecutor produces a certificate purporting
to be signed by the administering executive stating that the map, chart or
plan was made by an authorised person in the discharge of the authorised
person’s functions under this Act; and
(b) there is no evidence to the
contrary.
(7) In a complaint starting a proceeding, a statement that the
matter of the complaint came to the complainant’s knowledge on a stated day
is evidence of the matter.
(8) The production by the prosecutor of a
certificate purporting to be signed by an appropriately qualified person (the
"analyst" ) and stating— (a) the analyst received from a stated person the
sample mentioned in the certificate; and
(b) the analyst analysed the sample
on a stated day and at a stated place; and
(c) the results of the analysis;
is evidence of the matter stated in the certificate.
(9) Any instrument,
equipment or installation prescribed by regulation that is used by an
authorised person or analyst in accordance with the conditions (if any)
prescribed by the regulation is taken to be accurate and precise in the
absence of evidence to the contrary.
(10) In a proceeding in which the
administering authority applies to recover the costs and expenses incurred by
it, a certificate by the administering executive stating that stated costs and
expenses were incurred and the way and purpose for which they were incurred is
evidence of the matters stated.
AustLII: Copyright Policy
| Disclaimers
| Privacy Policy
| Feedback