50Evidence

50 Evidence

(1) In any proceedings for an offence under this Part—

(a) any record kept in pursuance of, or for the purposes of, this Part is admissible in evidence and, in the absence of evidence to the contrary, is proof of the matters stated in the record; and

(b) a copy of an entry in such a record, being a copy purporting to be certified by the person by whom the record is required to be kept as a true copy of the entry, is admissible in evidence and, in the absence of evidence to the contrary, is proof of the matters stated in the entry; and

(c) a document purporting to be such a record or purporting to be such a certified copy of an entry in such a record is, unless the contrary is proved, to be taken to be such a record or certified copy, as the case requires; and

(d) a map, plan or chart of any State waters purporting to be certified by an appropriate authority or by a person appointed by an appropriate authority for the purpose is admissible in evidence and, in the absence of evidence to the contrary, is proof of any matter that is apparent from, or can be calculated from, the map, plan or chart.

No. 6705 s. 20.

(2) A statement in writing purporting to be signed by an officer of an appropriate authority or any other person authorised by an appropriate authority in that behalf—

(a) to the effect that any person has been generally or specially appointed by the appropriate authority—

(i) to investigate any prohibited discharge or suspected prohibited discharge under section 41; or

(ii) to report to it under section 43 regarding the proper observance of, and the adequacy of, the prohibitions, restrictions and obligations imposed by or under this Part; or

(iii) to prosecute for an offence under this Part or the regulations made for the purposes of this Part; or

(b) to the effect that any dispensation has been directed, any exemption has been granted or any conditions have been imposed or that any variation or revocation of any such condition, exemption or dispensation has been made under section 44—

is admissible in evidence in any proceedings and, in the absence of evidence to the contrary, is proof of the matters specified in the statement.

No. 6705 s. 17A.