Heritage Act 1977
151Evidence
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151 Evidence
151 Evidence
(1) A document purporting to be an interim heritage order is admissible in evidence in any legal proceedings and is prima facie evidence of the due making of that order and the contents of that order if it purports to be published in the Gazette.
(1A) The Heritage Council may issue a certificate certifying that a particular item or particular land is or is not the subject of a listing on the State Heritage Register, or was or was not the subject of a listing on the State Heritage Register on a particular date or during a particular period. Such a certificate is prima facie evidence of the matters certified. A certificate purporting to have been issued by the Heritage Council under this section is presumed, unless the contrary is established, to have been so issued.
(2) A document purporting to be a copy or extract of any document, map or plan embodied, incorporated or referred to in an interim heritage order or a listing on the State Heritage Register is admissible in evidence in any legal proceedings if—
(a) it purports to be published in the Gazette or on a NSW Government website, or
(a1) it purports to be printed by the authority of the Government, or
(b) it purports to be certified, where the original document, map or plan is in the custody of the Department, under the hand of a person employed in that Department.
(3) Where the original document, map or plan is in the custody of the Department, the Department of Premier and Cabinet shall furnish the certified copy or extract to the person applying for it upon payment of such fee as is determined by the Department of Premier and Cabinet.
(4) For the purposes of this section, a copy or extract of a map or plan may be to the same scale as the original or may be an enlarged or reduced copy.
s 151: Am 1979 No 206, Sch 1 (29); 1998 No 138, Sch 1 [57]–[60]; 2000 No 53, Sch 1.11 [14]; 2009 No 34, Sch 1 [34] [35]; 2015 No 58, Sch 3.42 [3] [4]; 2020 No 30, Sch 3.20[2]; 2023 No 35, Sch 4.17; 2024 No 47, Sch 1.17[2]; 2024 No 82, Sch 3.4[1] [2].