Proof of existence and contents of planning scheme
140 Proof of existence and contents of planning scheme
S. 140(1) amended by No. 35/1995 s. 11(1)(d).
In any proceedings under this Act or in which the existence of a planning scheme or part of a planning scheme at a specified date is in question, the production of a copy of the planning scheme or the relevant part of it kept by the Minister or a responsible authority under section 42 which appears to be certified by or on behalf of the Secretary to the Department or the secretary of the responsible authority (as the case requires) to be a true copy of the planning scheme or part in force at that date is evidence of the existence and contents of the planning scheme or of the relevant part at that date.
S. 140(2) amended by No. 43/2003 s. 5(c).
In any proceedings under this Act or in which the existence of an approved amendment to a planning scheme is in question, the production of—
S. 140(2)(a) amended by No. 43/2003 s. 5(a).
the Government Gazette containing notice of the approval, or the ratification under Part 3AA, of the amendment; and
S. 140(2)(b) amended by Nos 128/1993 s. 25, 43/2003 s. 5(b).
a copy of the amendment appearing to be certified by or on behalf of the Minister, the planning authority, the responsible authority or the municipal council with whom the amendment is lodged under section 40, to be a true copy of the amendment as approved or as approved and ratified (as the case may be)—
is evidence of the valid making and publication of the amendment and of the contents of the amendment.
In any proceedings under this Act, the production of any instrument, document, map or plan—
appearing to be an instrument, document, map or plan made or issued in connection with a planning scheme or an amendment to a planning scheme or a true copy of one of those things; and
appearing to be certified as such by the secretary of the responsible authority—
is evidence until the contrary is proved of the proper making, existence and approval of the instrument, document, map or plan and of all preliminary steps necessary to give full effect to it and of its contents.
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