274BStatements of fact

274B Statements of fact (1) This section applies to a proceeding under this Act.

Environment Protection Act 2019 238 (2) A statement purporting to be signed by a relevant person specifying any of the following matters is evidence of the matter specified in the statement: (a) that, at a specified time, a specified person was, or was not, an approval holder; (b) that, at a specified time, a specified environmental approval had been granted, varied, suspended or revoked; (c) that, at a specified time, a specified place was a mining site or a place where specified mining activities were being carried out; (d) that, at a specified time, a specified person was: (i) the mining operator for a specified mining site; or (ii) the title holder of a specified mining site; or (iii) an employer of workers at a specified mining site; or (iv) a worker at a specified mining site; (e) that, at a specified time, a mining operator was, or was not, the holder of an environmental (mining) licence; (f) that, at a specified time, a specified environmental (mining) licence had been granted, amended, suspended, revoked or cancelled; (g) that, at a specified time, a specified substance was a contaminant, waste or greenhouse gas. (3) A statement purporting to be signed by a relevant person specifying any of the following matters is evidence of the matter specified in the statement: (a) that, at a specified time, a specified environmental approval, a copy of which is attached to the statement, contained specified conditions; (ab) that, at a specified time, a specified environmental (mining) licence, a copy of which is attached to the statement, contained specified conditions; (b) that, at a specified time, a direction, instruction or notice, a copy of which is attached to the statement, had been given or imposed or had not been given or imposed under this Act;

Environment Protection Act 2019 239 (c) that, at a specified time, a specified declaration under this Act, a copy of which is attached to the statement, was in force; (d) that, at a specified time, a document, a copy of which is attached to the statement, is a document mentioned in an environmental approval, an environmental (mining) licence or a statutory instrument under this Act. (4) A statement purporting to be signed by the CEO specifying any of the following matters is evidence of the matter specified in the statement: (a) that, at a specified time, a specified person was an environmental officer; or (b) that, at a specified time, a specified person was: (i) a registered environmental auditor; or (ii) a registered environmental practitioner; or (iii) a qualified person appointed by the CEO to conduct an environmental audit. (5) An instrument, equipment or installation prescribed by regulation that is used by an environmental officer in accordance with the manufacturer's instructions is taken to be accurate and precise in the absence of evidence to the contrary. (a) the CEO; or (b) a person appointed or authorised as an environmental officer under section 159.