Native Vegetation Act 1991

An allegation in enforcement proceedings under Part

5 Division 2 or in proceedings for an offence against this Act that vegetation is, or was, comprised of a plant or plants of a species indigenous to South Australia must be accepted as proved in the absence of proof to the contrary.

Where in enforcement proceedings under Part

5 Division 2 or in proceedings for an offence against this Act it is proved that vegetation has been cleared, it must be presumed in the absence of proof to the contrary that the vegetation was cleared by the owner and occupier of the land on which it is or was growing or is or was situated.

It must be presumed in enforcement proceedings under Part

5 Division 2 and in proceedings for an offence against this Act, in the absence of proof to the contrary, that vegetation to which the proceedings relate was not intentionally sown or planted by a person.

Where in enforcement proceedings under Part

5 Division 2 or in proceedings for an offence against this Act it appears that an alleged fact has been determined by the use of an electronic, sonic, optical, mechanical or other device by an authorised officer or person assisting an authorised officer, the alleged fact must be accepted as proved in the absence of proof to the contrary.

In any legal proceedings, an apparently genuine document appearing to be a copy of a heritage agreement certified by the Minister, is, in the absence of proof to the contrary, proof of the agreement and its terms.

In enforcement proceedings under Part

5 Division 2 or in proceedings for an offence against this Act, a document produced by the prosecution or plaintiff (as the case requires) and purporting to certify that a remotely sensed image specified in the document—

was captured by a specified device and is accurate to the extent indicated in the document; and

was captured at a specified time on a specified date; and

is an image of a specified place, constitutes, in the absence of proof to the contrary, proof of the facts so certified.

For the purposes of this section, a reference to an electronic, sonic, optical, mechanical or other device includes a reference to any software used by, or in relation to, such a device.

In any legal proceedings, an apparently genuine document appearing to be a copy of a management agreement under section 25D certified by the Minister is, in the absence of proof to the contrary, proof of the agreement and its terms.

In this section—

image includes—

a copy of an image; and

data from which an image can be produced;

remotely sensed image means—

an image captured by a device (whether a camera or otherwise) mounted on or in a satellite or aircraft; and

any other image declared by the regulations to be included in the ambit of this definition.