Northern Territory Consolidated Acts

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PLANNING ACT - SECT 81

Onus of proof

    (1)     In a proceeding under this Act:

        (a)     an averment by or on behalf of a consent authority or the Minister that:

            (i)     land is Crown land, reserved or dedicated land, land held under lease or land occupied under licence or agreement; or

            (ii)     a person is authorised to take proceedings, to do an act or perform a duty, or sue for the recovery of a penalty or other money under this Act,

    is evidence of the fact;

        (b)     if a question arises as to whether the defendant was authorised or permitted to do the act complained of, proof of that fact lies with the defendant; and

        (c)     all licences, certificates, maps, plans and copies of those documents, purporting to be certified as true under the hand of the Surveyor-General are, in all matters relating to the proceeding, to be sufficient evidence without production of original records and without the personal attendance of the Surveyor-General or proof of his or her signature.

    (2)     In a proceeding in respect of an offence against section 75A(1), an averment by or on behalf of the Minister or a consent authority that there was native vegetation on land at a specified date is evidence of the fact.



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