New South Wales Consolidated Acts

NATIONAL PARKS AND WILDLIFE ACT 1974 - SECT 197

197 Evidentiary provisions etc

(1) An allegation, in a court attendance notice, summons or application in respect of an offence against this Act or the regulations, that any lands in question form part of a national park, historic site, state conservation area, regional park, nature reserve, karst conservation reserve, Aboriginal area, Aboriginal place or wildlife refuge shall be sufficient without proof of the matter so alleged unless the defendant proves to the contrary.

(2) An allegation, in a court attendance notice, summons or application in respect of an offence against this Act or the regulations, that a standard, sign, symbol, notice or device was erected, displayed or marked with the authority of the Secretary, or that a standard, sign, symbol, notice or device was erected, displayed, marked, interfered with, altered or removed without the authority of the Secretary, shall be accepted by the court as evidence of the truth of the allegation, unless the defendant proves to the contrary.

(2A) An allegation, in a court attendance notice, summons or application in respect of an offence against this Act or the regulations, that an animal or plant is a member of a species, population or ecological community specified in that court attendance notice, summons or application is sufficient proof of the matter so alleged unless the defendant proves to the contrary.

(3) In any proceedings for an offence against this Act or the regulations, a certificate purporting to be signed by the officer for the time being in charge of the records kept under the law for the time being in force in any part of the Commonwealth relating to the ownership of motor vehicles and naming the owner of a motor vehicle as shown on those records shall be prima facie evidence of the name of the owner of the motor vehicle.

(4) In any prosecution under this Act, any allegation in any court attendance notice, summons or application that any person is unlicensed or acting without permission or authority need not be proved, and that person shall be deemed to be unlicensed or acting without permission or authority, as the case may be, until the contrary is proved by the production of a licence, permit or authority or otherwise.

(5) In any proceedings for an offence against this Act or the regulations, a certificate purporting to be signed by the Secretary and certifying--

(a) that any person was or was not, on a date or within a period specified therein, the holder of any specified licence, certificate, consent, authority or other thing issued or granted by instrument in writing under this Act, or

(b) that, on a date or within a period so specified, any such licence, certificate, consent, authority or other thing--

(i) related to any specified premises,

(ii) was subject to any specified conditions or restrictions, or

(iii) was, to any specified extent, unconditional or unrestricted,

shall be prima facie evidence of the matter or matters so certified.

(6) In any proceedings for an offence against this Act or the regulations, a certificate purporting to be signed by the Secretary and certifying--

(a) that an amount specified therein is the amount of any charge, cost or expense incurred as specified therein by reason of the offence, or

(b) that an amount specified therein is the amount of any loss or damage sustained, as specified therein, as a result of the offence,

shall be prima facie evidence of the matter or matters so certified.

(7) In any proceedings, a certificate purporting to be signed by the Secretary and certifying that at a time, or during a period, specified in the certificate--

(a) a conservation agreement relating to land so specified was in force, and

(b) the agreement contained the terms specified in the certificate,

shall be prima facie evidence of the matter or matters so certified.

(8) In any proceedings, a document purporting to be certified by the Secretary or the Registrar-General as a copy of a conservation agreement registered under section 69F shall be prima facie evidence of the agreement.

(9) A copy of any declaration or map of critical habitat published in the Gazette, being a copy purporting to be certified by the Secretary, as being a true copy of the declaration or map so published, is admissible in any legal proceedings and is evidence of the matter or matters contained in the declaration or map.

(11) In any proceedings, a certificate purporting to be signed by the Secretary stating that at a time, or during a period, specified in the certificate a specified animal was an animal whose impact is listed in Schedule 3 to the Threatened Species Conservation Act 1995 as a key threatening process is evidence of the matter or matters stated in the certificate.

Note : See the Biosecurity Act 2015 for certification of matters under that Act.