MCU14/0028 Appendix 2 EnvProtAct 1994

                                                Environmental Protection Act 1994
                                                    Chapter 10 Legal proceedings
                                                                 Part 1 Evidence

                                                                          [s 490]

              authority by the recipient of the notice to conduct or
              commission the investigation or remediate the land.
        (2)   If more than 1 person failed to perform the work, the amount
              incurred is payable by the persons jointly and severally.
        (3)   However, subsection (1) does not apply if the requirement for
              the recipient to conduct or commission the investigation, or
              carry out the remediation has been waived by the
              administering authority.




Chapter 10                  Legal proceedings

Part 1                      Evidence

490      Evidentiary provisions
        (1)   This section applies to a proceeding under or in relation to this
              Act.
        (2)   Unless a party, by reasonable notice, requires proof of—
              (a)    the appointment of an authorised person under this Act;
                     or
              (b)    the authority of an authorised person to do an act under
                     this Act;
              the appointment or authority must be presumed.
        (3)   A signature purporting to be the signature of the administering
              executive or an authorised person is evidence of the signature
              it purports to be.
        (4)   A certificate purporting to be signed by the Minister stating
              that a stated person is or was the administering authority or
              administering executive at a time, or during a stated period, is
              evidence of the matter stated in the certificate.

Current as at 20 February 2014                                         Page 417