Western Australian Current Acts Western Australian Current Acts (1) In any proceedings
for an offence against this Act, an averment in the charge that any land
referred to therein is land —
(a) open
for mining under this Act;
(b)
exempt from mining operations in pursuance of this Act;
(c) to
which section 23, 24, 24A, 25, or 26 applies,
shall be deemed to be
proved in the absence of evidence to the contrary.
(2) In any proceedings
a document purporting to be a mining tenement shall be accepted as such in the
absence of evidence to the contrary.
(3) In any proceedings
a document purporting to be certified by a person authorised for that purpose
by the Director General of Mines as a correct copy of an extract from a
register kept under this Act is, without proof of that person’s
signature, evidence of the matter contained in the document.
(4) In any proceedings
—
(a) a
document purporting to be a copy of a judgment, order or decision of a warden
or a warden’s court, or of a document filed or lodged in proceedings
under this Act, and purporting to be certified by —
(i)
a warden; or
(ii)
a mining registrar; or
(iii)
a prescribed official,
to be such a copy, is
admissible as a true copy of the judgment, order, decision or document; and
(b)
judicial notice is to be taken of the signature of a person referred to in
paragraph (a)(i), (ii) or (iii) on a certificate under that paragraph.
[Section 161 amended: No. 122 of 1982 s. 29; No.
37 of 1993 s. 23; No. 54 of 1996 s. 21; No. 5 of 1997 s. 41(2); No. 39 of 2004
s. 83; No. 84 of 2004 s. 80.]