Victorian Numbered Acts

PARKS VICTORIA ACT 2018 (NO. 19 OF 2018) - SECT 78

    (1)     Insert the following heading to section 88 of the Conservation, Forests and Lands Act 1987 —

" Certificate of Secretary or chief executive officer of Parks Victoria is evidence ".

    (2)     After section 88(1) of the Conservation, Forests and Lands Act 1987 insert —

    "(1A)     A certificate signed by the chief executive officer of Parks Victoria to the effect that—

        (a)     the person referred to in the certificate is an authorised officer appointed by Parks Victoria; or

        (b)     the person holds an authority issued by Parks Victoria on such terms and conditions as referred to in the certificate or does not hold an authority; or

        (c)     a road or track on Crown land (including reserved forest) that is relevant Parks Victoria land, is or is not closed (whether temporarily or permanently) for the purposes of a relevant law—

is evidence of that fact.".

    (3)     After section 88(2) of the Conservation, Forests and Lands Act 1987 insert —

    "(2A)     In proceedings under a relevant law in respect of relevant Parks Victoria land and to which Parks Victoria is a party, a certificate signed by the chief executive officer of Parks Victoria as to the value of property or the amount of costs, charges or expenses incurred for the purposes of a relevant law is evidence and, in the absence of evidence to the contrary, is proof of the matters stated in the certificate.".

    (4)     After section 88(3) of the Conservation, Forests and Lands Act 1987 insert —

    "(3A)     A person cannot bring evidence disputing a statement in a certificate mentioned in subsection (2A) in proceedings under a relevant law unless, at least 3 days before the hearing of the proceedings, the person has served on Parks Victoria written notice that the person intends to bring that evidence.".

    (5)     After section 88(4) of the Conservation, Forests and Lands Act 1987 insert —

    "(4A)     The chief executive officer of Parks Victoria must cause a copy of a certificate mentioned in subsection (2A) to be served with the charge-sheet, summons to answer a charge or application in the proceedings.".