Queensland Consolidated Acts

MINERAL RESOURCES ACT 1989 - SECT 413

413 Evidentiary provision

(1) This section applies to a proceeding under this Act.

(2) The appointment or power of the chief executive or an authorised officer must be presumed unless a party, by reasonable notice, requires proof of—

(a) the appointment; or

(b) the power to do anything under this Act.

(3) A signature purporting to be the signature of the chief executive or an authorised officer is evidence of the signature it purports to be.

(4) A certificate purporting to be signed by a person mentioned in subsection (3) , and stating any of the following matters is evidence of the matter—

(a) a stated document is—

(i) an order, direction, requirement or decision, or a copy of an order, direction, requirement or decision, given or made under this Act; or

(ii) a notice, or a copy of a notice, given under this Act; or

(iii) a record, or a copy of a record, kept under this Act;

(b) on a stated day, or during a stated period, a stated person was or was not the holder of an authority or a stated authority;

(c) a stated authority was or was not in force on a stated day or during a stated period;

(d) on a stated day, a stated authority terminated or was surrendered;

(e) on a stated day, a stated person was given a stated notice, order, requirement or direction under this Act;

(f) a stated fee or other amount is payable by a stated person to the State and has not been paid;

(g) anything else prescribed under a regulation.

(5) A certificate purporting to be signed by the chief executive of the department within which the Land Act 1994 is administered, stating things about stated land that are material to classifying the land as being or not being occupied land, is evidence of the things stated.

(6) In this section—

"authority" means—

(a) a prospecting permit; or

(b) a mining claim; or

(c) an exploration permit; or

(d) a mineral development licence; or

(e) a mining lease.