FISH RESOURCES MANAGEMENT ACT 1994 - SECT 213

FISH RESOURCES MANAGEMENT ACT 1994 - SECT 213

213 .         Species of fish etc., evidence as to

        (1)         In this section —

        authorised person means a person declared under subsection (2) to be an authorised person.

        (2)         The Minister may by notice published in the Gazette declare a person to be an authorised person for the purposes of this section.

        (3)         In any proceedings for an offence against this Act, production of a certificate purporting to be signed by an authorised person and stating that —

            (a)         a fish was of a particular species or type or had a particular characteristic;

            (b)         a species or type of fish are or are not found in a particular area;

            (c)         any fishing gear is of a particular type or is designed, used or capable of being used for a particular purpose or for taking a particular species of fish,

                is, without proof of the authorised person’s signature, evidence of the facts stated in the certificate.

        (4)         Subsection (3) only applies if —

            (a)         at least 28 days before the hearing, notice in writing has been given to the accused of the prosecutor’s intention to produce the certificate; and

            (b)         the accused has not within 14 days of receipt of the notice delivered to the prosecutor a notice requiring that the authorised person’s evidence be given in person.

        (5)         The court before which proceedings are held may, in addition to making any other order as to costs, make such order as it thinks fit as to the expenses and remuneration to be paid for the services of the authorised person.

        [Section 213 amended: No. 84 of 2004 s. 80 and 82.]