PROTECTION OF THE ENVIRONMENT OPERATIONS ACT 1997 - SECT 261 Certificate evidence of certain matters

PROTECTION OF THE ENVIRONMENT OPERATIONS ACT 1997 - SECT 261

261 Certificate evidence of certain matters

(1) A document signed by the CEO or a designated officer and certifying any one or more of the matters specified in subsection (2) is admissible in any proceedings under this Act or the regulations and is prima facie evidence of the matters so certified.

(2) The matters referred to in subsection (1) are as follows--

(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 or the regulations, 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,

(a1) that notice of a matter under this Act or the regulations was given on the EPA's website and the date and form of the notice,

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

(b1) that specified premises were or were not, at a specified time or during a specified period, the subject of a specified licence or a licence of a specified kind,

(c) that a licence was or was not, at a specified time or during a specified period, subject to specified conditions,

(d) that a licence was, at a specified time, revoked or suspended for a specified period or was revoked or suspended subject to specified conditions,

(e) that, at a specified time, the surrender of a licence was approved or was approved subject to specified conditions,

(f) 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, attached to a licence or to the revocation, suspension or surrender of a licence,

(g) that a person was or was not, at a specified time or during a specified period, an authorised officer or enforcement officer,

(h) that a person was or was not, at a specified time or during a specified period, a member of staff of the EPA, the Department of Health, the marine authority or a local authority,

(i) that an exemption was or was not given under this Act or the regulations in relation to any specified matter,

(j) that any such exemption was or was not, at a specified time or during a specified period, in force or subject to specified conditions,

(k) that any exemption was or was not, or that any such conditions were or were not, varied or revoked at a specified time,

(l) that any consent necessary for bringing proceedings for an offence arising under this Act or a regulation under this Act has been duly given,

(m) that an order, a copy of which is set out in or annexed to the certificate, was for the purposes of section 133 or 162 published in a specified manner and on a specified day,

(n) that premises are within an area to which an order under section 133 applies, a copy of which order is set out in or annexed to the certificate,

(o) that a register kept under this Act shows that specified premises were, at a specified time or during a specified period, within a specified classification referred to in regulations under this Act,

(p) that a person was or was not appointed by the EPA as an analyst under this Act during a specified period,

(q) that information required to be furnished to a regulatory authority or authorised officer pursuant to this Act or the regulations was or was not received,

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

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

(t) that a person was served with a notice under this Act or the regulations,

(u) that a specified function of the EPA, Chairperson or CEO was delegated to a specified person under section 21 of the Protection of the Environment Administration Act 1991 during a specified period,

(v) that, at a specified time, a chemical was or was not the subject of a chemical control order,

(w) that, at a specified time, a chemical control order was or was not subject to specified conditions,

(x) that, at a specified time, a chemical was or was not the subject of a chemical use notice,

(y) that, at a specified time, an industrial chemical was or was not listed in the NSW IChEMS register,

(z) that, at a specified time, a risk management measure was or was not specified in the NSW IChEMS register for an industrial chemical.

(3) For the purposes of a certificate referred to in subsection (2) (g) in respect of an authorised officer or enforcement officer, a designated officer who may give the certificate includes the appropriate regulatory authority that appointed the authorised officer or enforcement officer or an officer of that authority who is appointed by that authority for the purposes of this subsection.