367Evidentiary certificates

#### 367 Evidentiary certificates 367 Evidentiary certificates > > (1) A certificate that is issued by the Minister and that states— > > > > > (a) that an instrument, a copy of which is set out in or annexed to the certificate, being an instrument purporting— > > > > > > > (i) to be issued, made or given for the purposes of this Act, and > > > > > > > (ii) to have been signed by the person authorised to issue, make or give the instrument, or by another person acting as delegate or on behalf of the person, > > > > > > was issued, made or given on a specified day, or > > > > > (b) that a document, a copy of which is set out in or annexed to the certificate, is a copy of part of, or an extract from, a register or water allocation account kept under this Act, or > > > > > (c) that an image, a copy of which is set out in or annexed to the certificate— > > > > > > > (i) is a photograph or other remotely-sensed image of a specified kind, and > > > > > > > (ii) portrays specified land as at a specified date, or > > > > > (d) that an amount payable under this Act by a specified person has, or has not, been paid, > > > > is admissible in any legal proceedings and is evidence of the fact or facts so stated. > > > (2) A certificate that is issued by the Minister and that states that, on a date or during a period specified in the certificate— > > > > > (a) a specified person was, or was not, the holder of a specified access licence or approval, or > > > > > (b) a specified access licence or approval was, at a specified time, revoked or suspended for a specified period or was revoked or suspended subject to specified conditions, or > > > > > (c) a specified condition of an access licence or approval was, at a specified time, imposed or revoked, or > > > > > (d) specified land was, or was not, the subject of a specified approval, or > > > > > (e) specified land was, or was not, within a specified water management area, or > > > > > (f) a specified part of a water source was, or was not, within a specified water management area, or > > > > > (g) a specified water management work was, or was not, at a specified location within a specified parcel of land, or > > > > > (h) a specified water management work was, or was not, the subject of a specified water management work approval, or > > > > > (i) the conditions of a specified access licence or approval were, or were not, as so specified, or > > > > > (j) the terms of a specified available water determination were, or were not, as so specified, or > > > > > (k) a specified person was, or was not, an authorised officer in relation to a specified provision of this Act, or > > > > > (l) a specified person was, or was not, an authorised analyst, or > > > > > (m) a specified person was, or was not, a member of staff of the Department, or > > > > > (n) a specified delegation under this Act was, or was not, in force, or > > > > > (o) a specified access licence or approval was, or was not, in force, or > > > > > (p) specified matters were, or were not, recorded in the Access Register or were, or were not, recorded in specified terms, or > > > > > (q) the water allocations credited to, or debited or otherwise withdrawn from, the water allocation account for a specified access licence were, or were not, as so specified, or > > > > > (r) a specified number of water allocations were, or were not, credited to, or debited or otherwise withdrawn from, the water allocation account for a specified access licence, or > > > > > (s) a specified quantity of water was, or was not, ordered in relation to a specified access licence, or > > > > > (s1) a specified quantity of water that was taken was, or was not, taken from a specified water source or part of a specified water source, or > > > > > (s2) Part 2 or 3 of Chapter 3 of this Act does, or does not, apply to a specified water source or part of a specified water source, or > > > > > (t) information required to be furnished to the Minister or an authorised officer pursuant to this Act was, or was not, received, or > > > > > (u) an approved river gauge had, or had not, been maintained in accordance with the requirements (if any) prescribed by the regulations, or > > > > > (v) the readings on an approved river gauge were, or were not, as so specified, > > > > is admissible in any legal proceedings and is evidence of the fact or facts so stated. > > > (3) In any legal proceedings, evidence is not required— > > > > > (a) as to the accuracy or reliability of an approved river gauge, or > > > > > (b) as to the manner in which an approved river gauge was operated, > > > > unless evidence is adduced that the gauge was not accurate, was not reliable or was not properly operated. > > > (4) For the purposes of this section, a document purporting to be a certificate under this section is, unless the contrary is proved, to be taken to be such a certificate. > > > (5) In this section, approved river gauge means a gauge of a type or design approved by the Minister, by order published in the Gazette, for the purpose of measuring the level or flow of water in a river or lake. > > > (6) In this section— > > > > > (a) a reference to a water management work includes a reference to a corresponding kind of work to which Part 2, 5 or 8 of the [Water Act 1912](/view/html/inforce/current/act-1912-044) extends, and > > > > > (b) a reference to an approval or access licence includes a reference to an entitlement (within the meaning of clause 2 of Schedule 10) that confers a corresponding authority. > > Note. > > See also section 11 (1) (e) of the [Natural Resources Access Regulator Act 2017](/view/html/inforce/current/act-2017-064) and Schedule 2 to that Act. > > **s 367:** Subst 2008 No 73, Sch 3 \[2\]. Am 2009 No 106, Sch 1.20 \[4\]; 2010 No 133, Sch 2 \[69\] \[70\]; 2011 No 62, Sch 1.23 \[7\]; 2017 No 64, sec 19.