Victorian Consolidated Legislation

Conservation, Forests and Lands Act 1987 - SECT 88

Certificate of Secretary is evidence

88. Certificate of Secretary is evidence



(1) A certificate under the seal of the Secretary to the effect that-

   (a)  the person referred to in the certificate is an authorised officer; or

   (b)  a person holds an authority on such terms and conditions as referred
        to in the certificate or does not hold an authority; or

   (c)  a road or track on Crown land (including reserved forest) is or is not
        closed (whether temporarily or permanently) for the purposes of a
        relevant law-

is evidence of that fact.

(2) In proceedings under a relevant law a certificate under the seal of the
Secretary as to the value of property or the amount of cost charges or
expenses incurred for the purposes of a relevant law is evidence and, in the
absence of evidence to the contrary, is proof of the matters stated in the
certificate.





(3) A person cannot bring evidence disputing a statement in a certificate
mentioned in subsection (2) in proceedings under a relevant law unless, at
least 3 days before the hearing of the proceedings, the person has served on
the Secretary written notice that the person intends to bring that evidence.

(4) The Secretary must cause a copy of a certificate mentioned in subsection
(2) to be served with the charge-sheet, summons to answer to a charge or
application in the proceedings.



(5) In proceedings under a relevant law, as well as any other method of proof
available-

   (a)  evidence that a person is rated in respect of land or premises under a
        general rate of the municipality within which the land is or the
        premises are located; or

   (b)  the production of a certified copy of a Crown grant, certificate of
        title or registered instrument given under section 114(2) of the
        Transfer of Land Act 1958 showing a person as the registered
        proprietor of an estate in fee simple or a leasehold estate in land;
        or

   (c)  the production of a certificate by the Registrar-General, or a deputy
        Registrar-General authorised under the seal of the Registrar-General,
        to the effect that a person appears from a memorial of any deed,
        conveyance or instrument to be the last registered owner of any land-

is evidence and, in the absence of evidence to the contrary, is proof that the
person is the occupier or owner (as the case requires) of the land or
premises.

(6) On receiving a request from the Secretary for a certificate under
subsection (5)(c) and stating that the certificate is required for the purpose
of legal proceedings under a relevant law, and on payment of the prescribed
fee (if any) the Registrar-General must give the certificate so requested.

(7) This section and section 89 apply to any matter in respect of which the
Victorian Plantations Corporation has a function or power as if a reference in
those provisions to the Secretary included a reference to that Corporation.