Ownership or occupancy, proof of
120 Ownership or occupancy, proof of
In any legal proceedings under the Water Agencies (Powers) Act 1984 or this Act, in addition to any other method of proof available —
evidence that the person proceeded against has been charged as owner or occupier of any land; or
evidence by certificate in writing of —
the Registrar of Titles or any assistant registrar, that any person’s name appears in the Register under the Transfer of Land Act 1893, as proprietor of any land; or
the Registrar of Deeds, that any person appears from any memorial of registration of any deed conveyance or other instrument to be the owner of any land; or
the chief executive officer of the department principally assisting in the administration of the Land Administration Act 1997 that any person is registered in that department as the owner, occupier or lessee of any land; or
the chief executive officer of the department principally assisting in the administration of the Mining Act 1978 that any person is registered in that department as the lessee or holder of any mining lease or other mining tenement; or
the Surveyor General, that any plan or reproduction of a plan represents part of the State,
shall until the contrary is proved be evidence that such person is the owner or occupier, or of the matter certified to, as the case may be, of such land.
In any legal proceedings under the Water Agencies (Powers) Act 1984 or this Act, judicial notice shall be taken of the signatures and appointments of persons for the time being appointed to or acting in and discharging the duties of the offices referred to in the next preceding subsection.
[Section 120 amended: No. 25 of 1985 s. 154; No. 24 of 1987 s. 106; No. 73 of 1995 s. 65; No. 81 of 1996 s. 153(1); No. 28 of 2006 s. 452(1); No. 60 of 2006 s. 129(5); No. 19 of 2010 s. 54(3).]
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