sec.95Facilitation of proof

### sec.95 Facilitation of proof In any proceedings under or for the purpose of this Act— it shall not be necessary to prove the appointment of any person performing duties under this Act, or the authority of any person performing duties under this Act, to do any act or to take the proceedings or to give any direction or order, but this shall not prejudice the right of any defendant to prove the extent of such authority; a signature purporting to be that of any person performing duties under this Act shall be taken to be the signature it purports to be until the contrary is proved; it shall not be necessary to prove the limits of any area or locality whatsoever, or that any place is within a State forest or timber reserve, or an area or a locality, or part thereof, but this shall not prejudice the right of any defendant to prove the limits of the area or locality or that any place is not within the State forest or timber reserve, area, or locality, or part thereof; a document purporting to be a duplicate or a copy of a lease, permit, licence, certificate, or other authority, agreement or contract, notice, or order granted, given or made under this Act shall, upon its production in evidence, be evidence of that lease, permit, licence, certificate, other authority, agreement or contract, notice, or, as the case may be, order, and in the absence of evidence in rebuttal thereof, shall be conclusive evidence thereof; a document purporting to be made by the chief executive and stating that at any specified time there was or was not in force a lease, agreement, contract, permit, licence, certificate, or other authority, as described therein granted, given or made under this Act to or with a specified person, and, if stated therein, that such lease, agreement, contract, permit, licence, certificate, or other authority was or was not subject to terms, conditions, or restrictions, or was or was not issued or made subject to the provisions, conditions, and restrictions set out in that document, or that at any specified time a specified person was or was not exempted from any specified provisions of this Act, shall, upon its production in evidence, be evidence of the matters in that document, and in the absence of evidence in rebuttal thereof, shall be conclusive evidence of such matters; a document purporting to be a copy of any letter or telegram and purporting to be made by the chief executive and purporting to authorise any person to institute any legal proceedings shall be admissible in evidence at the proceedings, and shall be accepted as evidence of the authority of the person to institute and prosecute the proceedings; the averment in any complaint of the date on which the commission of any offence under this Act came to the knowledge of the complainant shall be evidence of that matter and in the absence of evidence in rebuttal shall be conclusive evidence of such matter; where an offence is committed by a person in respect of more than 1 Crown holding or area of Crown lands, or State forest, timber reserve, reserve for public purposes, or road, or any combination of these, a complaint may aver that the offence has been so committed and it shall not be necessary to show the extent of the offence in respect to any 1 of such areas; a map or plan purporting to be made by the chief executive or by a person performing duties under this Act, or purporting to be issued or published by any department of the government or any officer thereof, shall, upon its production in evidence, be evidence of the matters stated or delineated thereon, and in the absence of evidence in rebuttal thereof, shall be conclusive evidence of such matters; copies of any plans, sections, specifications and books of reference relating to matters arising under this Act, or of any alteration or correction thereof, or extracts therefrom, certified by a person performing duties under this Act in that behalf to be true copies or, as the case may be, extracts thereof (which certificates such officer shall give to all parties interested when required, on payment of such fees as are prescribed) shall, upon production in evidence, be evidence of the contents thereof, and in the absence of evidence in rebuttal thereof, shall be conclusive evidence of the contents thereof; a document purporting to be made by the chief executive and certifying that the amount of fees, royalties, stumpages, rents, compensation, costs, charges, expenses, or other sums specified therein is payable under this Act and has not been paid by a specified person shall, upon its production in evidence, be evidence of the matter or matters certified to therein, and in the absence of evidence in rebuttal thereof shall be conclusive evidence of such matter or matters; any document whatever purporting to be issued or written by or under the direction of the chief executive shall be received in evidence and shall be deemed to be issued or written by or under the direction of the chief executive until the contrary is proved: (The expression document includes any order, direction, and notice). s 95 amd 1968 No. 33 s 45 ; 1982 No. 73 s 62 ; 1992 No. 15 s 13 sch ; 2000 No. 26 s 12 sch 1 ; 2006 No. 16 s 68 sch 1 ; 2010 No. 12 s 66 - (a) it shall not be necessary to prove the appointment of any person performing duties under this Act, or the authority of any person performing duties under this Act, to do any act or to take the proceedings or to give any direction or order, but this shall not prejudice the right of any defendant to prove the extent of such authority; - (b) a signature purporting to be that of any person performing duties under this Act shall be taken to be the signature it purports to be until the contrary is proved; - (c) it shall not be necessary to prove the limits of any area or locality whatsoever, or that any place is within a State forest or timber reserve, or an area or a locality, or part thereof, but this shall not prejudice the right of any defendant to prove the limits of the area or locality or that any place is not within the State forest or timber reserve, area, or locality, or part thereof; - (d) a document purporting to be a duplicate or a copy of a lease, permit, licence, certificate, or other authority, agreement or contract, notice, or order granted, given or made under this Act shall, upon its production in evidence, be evidence of that lease, permit, licence, certificate, other authority, agreement or contract, notice, or, as the case may be, order, and in the absence of evidence in rebuttal thereof, shall be conclusive evidence thereof; - (e) a document purporting to be made by the chief executive and stating that at any specified time there was or was not in force a lease, agreement, contract, permit, licence, certificate, or other authority, as described therein granted, given or made under this Act to or with a specified person, and, if stated therein, that such lease, agreement, contract, permit, licence, certificate, or other authority was or was not subject to terms, conditions, or restrictions, or was or was not issued or made subject to the provisions, conditions, and restrictions set out in that document, or that at any specified time a specified person was or was not exempted from any specified provisions of this Act, shall, upon its production in evidence, be evidence of the matters in that document, and in the absence of evidence in rebuttal thereof, shall be conclusive evidence of such matters; - (f) a document purporting to be a copy of any letter or telegram and purporting to be made by the chief executive and purporting to authorise any person to institute any legal proceedings shall be admissible in evidence at the proceedings, and shall be accepted as evidence of the authority of the person to institute and prosecute the proceedings; - (g) the averment in any complaint of the date on which the commission of any offence under this Act came to the knowledge of the complainant shall be evidence of that matter and in the absence of evidence in rebuttal shall be conclusive evidence of such matter; - (h) where an offence is committed by a person in respect of more than 1 Crown holding or area of Crown lands, or State forest, timber reserve, reserve for public purposes, or road, or any combination of these, a complaint may aver that the offence has been so committed and it shall not be necessary to show the extent of the offence in respect to any 1 of such areas; - (i) a map or plan purporting to be made by the chief executive or by a person performing duties under this Act, or purporting to be issued or published by any department of the government or any officer thereof, shall, upon its production in evidence, be evidence of the matters stated or delineated thereon, and in the absence of evidence in rebuttal thereof, shall be conclusive evidence of such matters; - (j) copies of any plans, sections, specifications and books of reference relating to matters arising under this Act, or of any alteration or correction thereof, or extracts therefrom, certified by a person performing duties under this Act in that behalf to be true copies or, as the case may be, extracts thereof (which certificates such officer shall give to all parties interested when required, on payment of such fees as are prescribed) shall, upon production in evidence, be evidence of the contents thereof, and in the absence of evidence in rebuttal thereof, shall be conclusive evidence of the contents thereof; - (k) a document purporting to be made by the chief executive and certifying that the amount of fees, royalties, stumpages, rents, compensation, costs, charges, expenses, or other sums specified therein is payable under this Act and has not been paid by a specified person shall, upon its production in evidence, be evidence of the matter or matters certified to therein, and in the absence of evidence in rebuttal thereof shall be conclusive evidence of such matter or matters; - (l) any document whatever purporting to be issued or written by or under the direction of the chief executive shall be received in evidence and shall be deemed to be issued or written by or under the direction of the chief executive until the contrary is proved: (The expression document includes any order, direction, and notice).