MINERAL RESOURCES (SUSTAINABLE DEVELOPMENT) ACT 1990 - SECT 89H Use of Code of Practice in proceedings

MINERAL RESOURCES (SUSTAINABLE DEVELOPMENT) ACT 1990 - SECT 89H

If in any proceeding under this Act it is alleged that a person contravened a provision of this Act in relation to which a Code of Practice was in effect at the time of the alleged contravention—

        (a)     the Code of Practice is admissible in evidence in that proceeding; and

        (b)     if the court is satisfied in relation to any matter which it is necessary for the prosecution to prove in order to establish the alleged contravention that—

              (i)     a provision of the Code of Practice is relevant to that matter; and

              (ii)     the person failed at any material time to observe that provision—

that matter must be taken as proved unless the court is satisfied that in respect of that matter the person complied with the provision of this Act otherwise than by way of observance of that provision of the Code of Practice.

Part 9—Inspectors

Pt 9 Div. 1 (Heading) inserted by No. 63/2006 s. 46.

Division 1—Employment of inspectors