NSWIn ForceAct
Contaminated Land Management Act 1997
71Certificate evidence of certain matters
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#### 71 Certificate evidence of certain matters
71 Certificate evidence of certain matters
> > (1) A document signed by the CEO of the EPA (or an officer of the EPA designated in writing by the CEO of the EPA for the purposes of this section) and certifying any one or more of the matters specified in subsection (2) is admissible in any proceedings under this Act and is prima facie evidence of the matters so certified.
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> > (2) The matters referred to in subsection (1) are as follows—
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> > > (a) that an instrument, a copy of which is set out in or annexed to the document, being an instrument purporting—
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> > > > (i) to be issued, made or given for the purposes of this Act or the [Protection of the Environment Operations Act 1997](/view/html/inforce/current/act-1997-156), and
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> > > > (ii) to have been signed by the person authorised to issue, make or give the instrument, or by another person acting as delegate or on behalf of the person,
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> > > was issued, made or given on a specified day or was published in a specified manner on a specified day,
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> > > (b) that a person was or was not, at a specified time or during a specified period, accredited as a site auditor,
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> > > (c) that a person was or was not, at a specified time or during a specified period, an authorised officer,
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> > > (d) that the authorisation of an authorised officer was, at a specified time or during a specified period, a general authorisation or subject to specified conditions, limitations or restrictions, or for specified purposes,
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> > > (e) that a person was or was not, at a specified time or during a specified period, an officer or employee of the EPA or a public authority,
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> > > (f) that an exemption was or was not given under this Act or a regulation under this Act in relation to any specified matter,
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> > > (g) that any such exemption was or was not, at a specified time or during a specified period, in force or subject to specified conditions,
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> > > (h) that any exemption was or was not, or that any such conditions were or were not, varied or revoked at a specified time,
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> > > (i) that any consent necessary for bringing proceedings for an offence arising under this Act or a regulation under this Act has been duly given,
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> > > (j) that land was or was not, at a specified time or during a specified period, significantly contaminated land,
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> > > (k) that land was or was not, at a specified time or during a specified period, subject to an order under Part 3 set out in, or annexed to, the certificate,
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> > > (l) that any guidelines made or approved by the EPA under this Act, a copy of which is set out in or annexed to the certificate, were for the purpose of the Act published or approved in a specified manner and on a specified day.
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> **s 71:** Am 1998 No 120, Sch 1.9 \[5\] \[6\]; 2008 No 111, Sch 1 \[30\]–\[32\]; 2011 No 63, Sch 3.1 \[4\]; 2017 No 21, Sch 1 \[5\]; 2022 No 3, Sch 1\[26\].