Waterways Conservation Act 1976

In a prosecution or in other legal proceedings instituted under this Act, proof of the following is not required unless evidence is given to the contrary —

the particular or general appointment of a person by the CEO under this Act;

authorisation by the Minister of a person to make a complaint, prosecute an offence or otherwise institute proceedings under this Act.

Where in a charge of an offence against this Act there is an averment that an act occurred within the boundaries of waters or associated land to which this Act applies, courts and persons acting judicially shall, on the act being proved, presume in the absence of proof to the contrary that the act occurred within the boundaries of such land or waters as averred.

In any proceedings for an offence against this Act the fact that —

no notice had been given, or application submitted, to the Minister;

no licence or other permission or authorisation had been granted by the Minister, in relation to any matter to which this Act applies,

The production in a prosecution or other legal proceedings of —

a copy of the Gazette containing a regulation, declaration, map, notice or other evidence of the exercise of any power or authority in pursuance or purported pursuance of the provisions of this Act; or

a copy purporting to be certified as a copy of a regulation, declaration, map, notice or other evidence of the exercise of any such power or authority, by a certificate purporting to have been signed by the CEO,

In all proceedings in which any notice, order, or other document required or authorised to be given to or served on a party to the proceedings under this Act has to be proved, the party is deemed to have received notice to produce it, and, until the contrary is shown, the document and its due service may be sufficiently proved by the production of what purports to be a copy, bearing what purports to be a certificate under the hand of the person authorised to issue the original, or of the CEO, as the case may be, that the copy is a true copy of the original and that the original was served on the date specified in the certificate.

The validity of any declaration, map, notice, order, or other document or of its publication or service is not affected by any error, misdescription, or irregularity which is not calculated to mislead, or which in fact does not mislead.

In all courts and before all persons authorised to receive evidence a signature purporting to be that of the Minister, the CEO, a delegate of the minister or CEO or a person otherwise authorised or appointed by the Minister or the CEO under this Act shall be taken to be the signature of the person whose signature it purports to be until the contrary is proved.

The provisions of this section —

are in addition to and not in derogation of those of the Evidence Act 1906; and

do not render valid a regulation or by‑law which has been disallowed under section 42(2) of the Interpretation Act 1984, or which has been invalidly made.