New South Wales Consolidated Acts

MINING ACT 1992 - SECT 378ZG

378ZG Certificate evidence of certain matters

(1) A document signed by the Director-General, or by an officer designated by the Director-General for the purposes of this section, and certifying any one or more of the matters specified in subsection (2) is admissible in any proceedings under this Act and is prima facie evidence of the matters so certified.

(2) The following matters are specified for the purposes of subsection (1):

(a) that an instrument, a copy of which is set out in or annexed to the document, 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,

(b) that a person was or was not, at a specified time or during a specified period, the holder of a specified authorisation or an authorisation of a specified kind,

(c) that specified land was or was not, at a specified time or during a specified period, the subject of a specified authorisation or an authorisation of a specified kind,

(d) that specified land was or was not, at a specified time or during a specified period, a specified authorisation area or part of a specified authorisation area,

(e) that an authorisation was or was not, at a specified time or during a specified period, subject to specified conditions,

(f) that an authorisation was, at a specified time, cancelled or suspended for a specified period or was cancelled or suspended subject to specified conditions,

(g) that a condition was, at a specified time, revoked or varied in a specified manner or that a new condition was, at a specified time, imposed on an authorisation or on the suspension of an authorisation,

(h) that a person was or was not, at a specified time or during a specified period, an inspector or a royalty officer,

(i) that a person was or was not, at a specified time or during a specified period, a member of staff of the Department or a council,

(j) that information required to be furnished pursuant to this Act or the regulations was or was not received,

(k) that a document is a copy of part of, or an extract from, a register kept under this Act,

(l) that a specified amount is payable under this Act or the regulations by a specified person and has not been paid,

(m) that minerals of a specified value were recovered by a specified person or from specified land, at a specified time or during a specified period,

(n) that a specified legal or equitable interest (being a legal or equitable interest of a kind referred to in section 161), mining sublease or colliery holding was or was not registered under this Act,

(o) that the Crown or a public authority has incurred costs or expenses of a specified amount under section 241 or 242B,

(p) that the Crown or a public authority has incurred costs or expenses of a specified amount in connection with the investigation of a specified offence under this Act,

(q) that a specified function under this Act was delegated to a specified person under section 363 during a specified period.

(3) For the purposes of the certification of a matter referred to in subsection (2) (h), the person who appointed the inspector or royalty officer concerned is taken to be an officer designated by the Director-General (as referred to in subsection (1)).

(4) In the absence of information that would enable the accurate determination of an amount payable, as referred to in subsection (2) (l), or the value of minerals, as referred to in subsection (2) (m), the following provisions have effect:

(a) the amount or value certified may be an estimate of that amount or value (based on the information available to the person making the certification),

(b) the estimate is presumed to be accurate and cannot be challenged on the basis that insufficient information was available to enable the making of an accurate determination, but can be challenged by the provision of information that enables a more accurate estimate to be made,

(c) if the estimate is successfully challenged and as a result a more accurate estimate is substituted, no proceedings are open to challenge merely because of the less accurate estimate and proceedings may continue to be heard and be determined on the basis of the substituted estimate.