New South Wales Consolidated Acts

ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 - SECT 10.8

10.8 Evidence

(cf previous s 150)

(1) A document that purports to be a copy or extract of any document, map or plan embodied, incorporated or referred to in an environmental planning instrument is admissible in evidence if--

(a) it purports to be published on the NSW legislation website, in the Gazette or on the NSW planning portal, or

(b) it purports to be certified--

(i) where the original documents, maps or plans are held in the office of the Department--under the hand of such employee of the Department as is prescribed, or

(ii) where the original documents, maps or plans are held in the offices of a council--under the hand of the mayor, general manager or public officer of the council.

(2) Where the original documents, maps or plans are held in the office of--

(a) the Department--the Planning Secretary shall furnish a certified copy or extract to the person applying for it on payment of the prescribed fee, or

(b) a council--that council shall furnish a certified copy or extract to the person applying for it on payment of the prescribed fee.

(3) For the purposes of this section, a copy or extract of a map or plan--

(a) may be to the same scale as the original document, map or plan or may be an enlarged or reduced copy, and

(b) where the original document, map or plan is coloured, may be a coloured copy or may be a black and white copy, and

(c) may be a physical or electronic copy of the document, map or plan.