New South Wales Consolidated Acts

CROWN LAND MANAGEMENT ACT 2016 - SECT 11.21

11.21 Certificate evidence of certain matters

(1) A document signed by the Minister, or a person declared in writing by the Minister for the purposes of this section, and certifying any one or more of the matters specified in subsection (2) is admissible in any proceedings under this Act and is, in the absence of evidence to the contrary, evidence of the matters so certified.

(2) The matters referred to in subsection (1) are the following--

(a) that an instrument (including a written notice, order or direction), a copy of which is set out in or annexed to the document, being an instrument purporting--

(i) to be issued, made or given for the purposes of this Act, and

(ii) to have been signed by the person authorised to issue, make or give the instrument, or by another person acting as delegate or on behalf of the person,

was issued, made or given on a specified day,

(b) that a person was or was not, at a specified time or during a specified period, an authorised officer,

(c) that land was, or was not, at a specified time or during a specified period--

(i) Crown land, or

(ii) dedicated Crown land, or

(iii) reserved Crown land, or

(iv) subject to a holding (or class of holding),

(d) that a holding was subject to a condition,

(e) that a person was the holder of a holding,

(f) that an amount was payable under the Crown Land Acts, a regulation under those Acts or a condition of a holding,

(g) any matter in respect of which a certificate could have been issued under section 145, 177 or 178 of the Crown Lands Act 1989 had those sections not been repealed.

(3) Despite subsection (1), a court is not to admit a certificate into evidence in proceedings to the extent that the certificate deals with matters referred to in subsection (2) (c) or (d) if the court is satisfied that the proceedings were commenced (whether wholly or partly) to determine title to land.

(4) In this section--

"holding" includes--

(a) an enclosure permit, and

(b) any tenure, lease, licence or permit granted under the Crown Land Acts that ceased to exist before the commencement of this Act.