ENVIRONMENTAL PROTECTION ACT 1986 - SECT 51R
ENVIRONMENTAL PROTECTION ACT 1986 - SECT 51R
51R . Evidentiary matters
[(1), (2) deleted]
(3) Where, in a
prosecution for an offence under this Division involving clearing, it is
proved that clearing has taken place on land —
(a) the
person who was the occupier of the land at the time of the clearing is to be
regarded as having caused the clearing in the absence of evidence to the
contrary; and
(b) the
person who was the owner of the land at the time of the clearing is to be
regarded as having allowed the clearing in the absence of proof to the
contrary.
(4) Subsection (3)
does not affect the liability of any other person for the offence concerned.
(5) In a prosecution
for an offence under this Division, an averment in the prosecution notice to
the effect that vegetation is or was native vegetation is to be regarded as
having been proved in the absence of proof to the contrary.
(6) For the purposes
of this Division, if —
(a) land
is shared by a corporation and a subsidiary or subsidiaries of the
corporation; and
(b) the
corporation or a subsidiary referred to in paragraph (a) is the holder of a
clearing permit in respect of an area situated on the land; and
(c) a
condition to which the clearing permit is subject is contravened,
the permit holder is
to be regarded as having caused the contravention unless the contrary is
proved.
(7) In subsection (6)
—
corporation has the meaning given by the
Corporations Act 2001 of the Commonwealth;
subsidiary has the meaning given by the
Corporations Act 2001 of the Commonwealth.
[Section 51R inserted: No. 54 of 2003 s. 110(1);
amended: No. 84 of 2004 s. 80; No. 40 of 2020 s. 58.]