Western Australian Numbered Acts Western Australian Numbered Acts (1) In proceedings
under this Act, in addition to other methods of proof available —
(a)
evidence that the person proceeded against is rated under the Local
Government Act 1995 as the owner of land; or
(b)
evidence by the certificate of —
(i)
the Registrar of Deeds and Transfers, or an Assistant
Registrar of Deeds and Transfers, that a person appears from a memorial of
registration of a deed, conveyance or other instrument, to be the owner of
land; or
(ii)
the chief executive officer of the department of the
Public Service principally assisting in the administration of the
Mining Act 1978 , that a person is registered in that department as the
owner or occupier of land; or
(iii)
the chief executive officer of the department of the
Public Service principally assisting in the administration of the
Conservation and Land Management Act 1984 , that a person is the holder
of a permit, licence or lease granted under Part VIII of that Act, or
regulations made under that Act, in respect of land,
is, in the absence of
evidence to the contrary, proof that such person is the owner or occupier, as
the case may be, of the land.
(2) All courts and all
persons having by law, or by consent of parties, authority to hear, receive
and examine evidence, must, for the purposes of this Act, take judicial notice
of the signature attached to a certificate referred to in
subsection (1)(b).
(3) An averment in a
claim, prosecution notice or other document in proceedings under this Act that
a person is or was at a specified time, the owner or occupier of specified
land is, in the absence of evidence to the contrary, taken to be proved.