sec.490Evidentiary provisions

### sec.490 Evidentiary provisions This section applies to a proceeding under or in relation to this Act. Unless a party, by reasonable notice, requires proof of— the appointment of an authorised person under this Act; or the authority of an authorised person to do an act under this Act; the appointment or authority must be presumed. A signature purporting to be the signature of the administering executive or an authorised person is evidence of the signature it purports to be. 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. A certificate purporting to be signed by the administering executive stating any of the following matters is evidence of the matter— a stated document is a copy of a document issued, given, received or kept by the administering authority under this Act; 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; an environmental requirement or other authority or permit issued or given under this Act— was or was not issued or given for a stated term; or was or was not in force on a stated day or during a stated period; or was or was not subject to a stated condition; on a stated day, an environmental authority or registration was suspended for a stated period or cancelled; on a stated day, a stated person was given a stated notice, direction, or order under this Act; a stated document is a copy of a part of, or an extract from, a register kept under this Act; a stated amount is payable under this Act by a stated person and has not been paid; that a stated substance is a contaminant or an ozone depleting substance; 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; another matter prescribed by regulation. A map, chart or plan is evidence of the matters stated or shown in the map, chart or plan if— a certificate is produced 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 there is no evidence to the contrary. 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. A certificate purporting to be signed by an appropriately qualified person (the analyst ) and stating— the analyst received from a stated person the sample mentioned in the certificate; and the analyst analysed the sample on a stated day and at a stated place; and the results of the analysis; is evidence of the matter stated in the certificate. 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. 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. s 490 amd 1997 No. 80 s 28 ; 2000 No. 64 s 33 ; 2003 No. 95 s 34 ; 2009 No. 42 s 13 ; 2012 No. 16 s 78 sch ; 2016 No. 14 s 11 ; 2019 No. 28 s 39 sch 1 ; 2023 No. 6 s 103 ; 2024 No. 30 s 41 (sec.490-ssec.1) This section applies to a proceeding under or in relation to this Act. (sec.490-ssec.2) Unless a party, by reasonable notice, requires proof of— the appointment of an authorised person under this Act; or the authority of an authorised person to do an act under this Act; the appointment or authority must be presumed. (sec.490-ssec.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. (sec.490-ssec.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. (sec.490-ssec.5) A certificate purporting to be signed by the administering executive stating any of the following matters is evidence of the matter— a stated document is a copy of a document issued, given, received or kept by the administering authority under this Act; 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; an environmental requirement or other authority or permit issued or given under this Act— was or was not issued or given for a stated term; or was or was not in force on a stated day or during a stated period; or was or was not subject to a stated condition; on a stated day, an environmental authority or registration was suspended for a stated period or cancelled; on a stated day, a stated person was given a stated notice, direction, or order under this Act; a stated document is a copy of a part of, or an extract from, a register kept under this Act; a stated amount is payable under this Act by a stated person and has not been paid; that a stated substance is a contaminant or an ozone depleting substance; 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; another matter prescribed by regulation. (sec.490-ssec.6) A map, chart or plan is evidence of the matters stated or shown in the map, chart or plan if— a certificate is produced 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 there is no evidence to the contrary. (sec.490-ssec.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. (sec.490-ssec.8) A certificate purporting to be signed by an appropriately qualified person (the analyst ) and stating— the analyst received from a stated person the sample mentioned in the certificate; and the analyst analysed the sample on a stated day and at a stated place; and the results of the analysis; is evidence of the matter stated in the certificate. (sec.490-ssec.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. (sec.490-ssec.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. - (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; - (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; - (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. - (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; - (a) a certificate is produced 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. - (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;