Western Australian Consolidated Acts Western Australian Consolidated Acts (1) In proceedings
under this Part a document purporting to be —
(a) a
true copy of an aerial photograph marked so as to identify, and show the
boundaries of, land according to official survey; and
(b)
signed and certified by the Surveyor General as being a true copy of a
photograph taken under the authority of the Surveyor General on the date
specified in the certificate and as correctly identifying, and showing the
boundaries of, the land according to official survey,
is, without proof of
the signature of the Surveyor General, admissible as evidence of the matters
so certified and of the condition, on the date so specified, of the vegetation
on the land so identified.
(2) A document shall
not be admitted pursuant to subsection (1) as evidence that the land has
been cleared contrary to this Part unless the court is satisfied that the
Minister, an officer of the Department or a person acting with the authority
of the Minister has entered upon and inspected the land for the purposes of
ascertaining whether the land has been so cleared.
(3) Where, in
proceedings for an offence against this Part, it is proved that land has been
cleared, the person who was, at the time the land was cleared —
(a) the
occupier of the land is, in the absence of evidence to the contrary, deemed to
have so cleared the land; and
(b) the
owner of the land is, unless the contrary is proved, deemed to have permitted
the land to be so cleared.
[Section 12EE inserted by No. 97 of 1981
s. 3; amended by No. 25 of 1985 s. 97; No. 73 of 1995
s. 62; No. 38 of 2007 s. 14.]