South Australian Consolidated Acts South Australian Consolidated Acts (1) An allegation in
enforcement proceedings under Part 5 Division 2 or in proceedings for an
offence against this Act that vegetation is, or was, comprised of a plant or
plants of a species indigenous to South Australia must be accepted as proved
in the absence of proof to the contrary.
(2) Where in
enforcement proceedings under Part 5 Division 2 or in proceedings for an
offence against this Act it is proved that vegetation has been cleared, it
must be presumed in the absence of proof to the contrary that the vegetation
was cleared by the owner and occupier of the land on which it is or was
growing or is or was situated.
(3) It must be
presumed in enforcement proceedings under Part 5 Division 2 and in proceedings
for an offence against this Act, in the absence of proof to the contrary, that
vegetation to which the proceedings relate was not intentionally sown or
planted by a person.
(3a) Where in
enforcement proceedings under Part 5 Division 2 or in proceedings for an
offence against this Act it appears that an alleged fact has been determined
by the use of an electronic, sonic, optical, mechanical or other device by an
authorised officer or person assisting an authorised officer, the alleged fact
must be accepted as proved in the absence of proof to the contrary.
(4) In any legal
proceedings, an apparently genuine document appearing to be a copy of a
heritage agreement certified by the Minister, is, in the absence of proof to
the contrary, proof of the agreement and its terms.