South Australian Repealed Acts

This legislation has been repealed.

NATURAL RESOURCES MANAGEMENT ACT 2004 - SECT 223

223—Evidentiary

        (1)         If, in criminal or civil proceedings under this Act relating to the taking of water from a prescribed watercourse, lake or well without authority, it is proved that at the time at which the water is alleged to have been taken the watercourse, lake or well was connected by pipes or channels to land occupied by the defendant, it must be presumed (in the absence of proof to the contrary)—

            (a)         that the defendant took water from the watercourse, lake or well;

            (b)         that the defendant took the water for a purpose other than for domestic purposes or for watering stock.

        (2)         An allegation in criminal or civil proceedings under this Act that on a particular date or during a particular period—

            (a)         the defendant, respondent or any other person was, or was not, the holder of a licence or permit under this Act; or

            (b)         a particular person was, or was not, the owner or occupier of any specified land or the owner of any specified vehicle, vessel or aircraft; or

            (c)         a specified watercourse, lake or well or a specified area was, or was not, a prescribed watercourse, lake or well or a surface water prescribed area; or

            (ca)         specified infrastructure—

                  (i)         was, or was not, stormwater infrastructure;

                  (ii)         was, or was not, stormwater infrastructure forming part of a surface water prescribed area; or

            (d)         the defendant took or used a specified quantity of water; or

            (e)         an animal was an animal of a specified class, or a plant was a plant of a specified class, under a provision of this Act; or

            (f)         a person had failed to carry out the requirements of a notice under Chapter 8 ; or

            (g)         a particular person was an authorised officer,

must, in the absence of proof to the contrary, be accepted as proved.

        (3)         A document that purports to have been certified by the Minister, a regional NRM board or an authorised officer to be an accurate copy of a licence or permit granted or issued under this Act must, in the absence of proof to the contrary, be accepted in criminal or civil proceedings under this Act as an accurate copy of that licence or permit.

        (4)         If in proceedings before a court or other tribunal it is proved that—

            (a)         a meter used to measure the quantity of water taken from a prescribed water resource has been adjusted or modified in a manner that affects the accuracy of the meter; or

            (b)         a pipe has been installed to bypass a meter referred to in paragraph (a) ; or

            (c)         any other pipe or fitting has been interfered with,

it must be presumed (in the absence of proof to the contrary) that the occupier of the land on which the meter, pipe or other fitting is situated, or a person acting on his or her behalf, was the person who—

            (d)         adjusted or modified the meter; or

            (e)         installed the pipe bypassing the meter; or

            (f)         interfered with the pipe or other fitting.

        (5)         A document purporting to be a regional NRM plan prepared and adopted under this Act must in proceedings before a court or other tribunal, be presumed in the absence of proof to the contrary, to be a plan prepared, adopted and for the time being in force under this Act.

        (6)         If in any proceedings under Chapter 9 or in proceedings for an offence against this Act it appears that an alleged fact has been determined by the use of an electronic, sonic, optical, mechanical or other device by an authorised officer or a person assisting an authorised officer, the alleged fact must be accepted as proved in the absence of proof to the contrary.