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Crown Lands Act 1992
104Onus of proof
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104 Onus of proof
In an action, suit, or proceeding under this Act:
(a) the averment that land is Crown land, or reserved land, or land
held under lease, or occupied under licence or agreement, or
that a person is authorised to take a proceeding, to do an act
or perform a duty, or sue for the recovery of a penalty or other
Crown Lands Act 1992 51
moneys under this Act is prima facie evidence of the fact;
(b) if a question arises as to whether the defendant was
authorised to do the act complained of, the proof of that fact
shall lie on the defendant; and
(c) all licences, certificates, maps, plans and copies thereof
purporting to be certified as true under the hand of the
Surveyor-General, shall, in all matters relating to such an
action, suit, or proceeding, be sufficient evidence without
production of original records, and without the personal
attendance of the Surveyor-General, or proof of his or her
signature.