ENVIRONMENT PROTECTION ACT 1993 - SECT 139
ENVIRONMENT PROTECTION ACT 1993 - SECT 139
(1) In any
proceedings, a certificate executed by the Minister, the Authority or another
administering agency certifying as to a matter relating to—
(a) an
environmental authorisation or other authorisation under this Act; or
(b) the
appointment or non-appointment of a person as an authorised officer or an
analyst or otherwise under this Act; or
(c) a
delegation or authority under this Act; or
(d) a
notice, order, requirement or direction of the Minister, the Authority or the
other administering agency under this Act; or
(e) any
other decision of the Minister, the Authority or the other
administering agency; or
(f) the
receipt or non-receipt by the Minister, the Authority or the other
administering agency of a notification or information required to be given or
furnished to the Authority or the Minister under this Act,
constitutes proof, in the absence of proof to the contrary, of the matters so
certified.
(2) In any proceedings
for the recovery of reasonable costs and expenses incurred by the Minister,
the Authority, another administering agency or some other public authority
under this Act, a certificate executed by the Minister, the Authority, the
other administering agency or other public authority detailing the costs and
expenses and the purpose for which they were incurred constitutes proof, in
the absence of proof to the contrary, of the matters so certified.
(3) An allegation in a
complaint that specified matter was a pollutant constitutes proof, in the
absence of proof to the contrary, of the matters so alleged.
(3a) An allegation in
an information that specified matter was waste or other matter constitutes
proof, in the absence of proof to the contrary, of the matters so alleged.
(4) In any proceedings
for an offence against this Act where it is alleged that the defendant caused
an environmental nuisance, evidence by an authorised officer that he or she
formed the opinion based on his or her own senses—
(a) that
pollutants discharged or emitted from a place occupied by the defendant
travelled to a place occupied by another person; and
(b) that
the level, nature or extent of the pollution within the place occupied by the
other person was such as to constitute an unreasonable interference with the
person's enjoyment of the place,
constitutes proof, in the absence of proof to the contrary, that the defendant
caused an environmental nuisance.
(4a) In any
proceedings for an offence against this Act, a certificate of an
authorised officer certifying that, at a specified time—
(a) a
specified vehicle was stopped or parked in a specified place; or
(b) a
specified person was the owner of a specified vehicle,
constitutes proof, in the absence of proof to the contrary, of those matters.
(5) In any
proceedings, a certificate executed by a person appointed by the Authority as
an analyst for the purposes of this Act and setting out details as to an
analysis carried out by or under the direction of the person and the results
of the analysis constitutes proof, in the absence of proof to the contrary, of
the matters so certified.
(6) An apparently
genuine document purporting to be an authorisation, notice, order, certificate
or other document, or a copy of an authorisation, notice, order, certificate
or other document, issued or executed—
(a) by
the Minister, the Authority, another administering agency or an
authorised officer under this Act; or
(b) by a
public authority for the purpose of recovering costs and expenses incurred by
the public authority under this Act; or
(c) by
an analyst appointed by the Authority for the purposes of this Act,
will be accepted as such in the absence of proof to the contrary.