Western Australian Consolidated Acts Western Australian Consolidated Acts (1) In proceedings
brought pursuant to the provisions of this Act, in addition to other methods
of proof available —
(a)
evidence that the person proceeded against is rated under the Local
Government Act 1995 as owner of land; or
(b)
evidence by the certificate of —
(i)
the Registrar of Titles, or an Assistant Registrar of
Titles, that any person’s name appears in the Register under the
Transfer of Land Act 1893 , as owner of land;
(ii)
the Registrar of Deeds and Transfers, or his substitute,
or an Assistant Registrar of Deeds and Transfers, that a person appears from a
memorial of registration of a deed, conveyance or other instrument, to be the
owner of land;
(iii)
the chief executive officer of the department principally
assisting in the administration of the Land Administration Act 1997 that
a person is registered in that department as the owner or occupier of land;
(iiia)
the chief executive officer of the department principally assisting in the
administration of the Mining Act 1978 that a person is registered in that
department as the owner or occupier of land;
(iv)
the CEO as defined in section 3 of the
Conservation and Land Management Act 1984 , that any person is
registered as the holder of a permit, licence or lease under Part VIII of that
Act,
shall until the
contrary is proved, be evidence that such person is the owner or occupier, as
the case may be, of the land.
(2) All courts and all
person having by law, or by consent of parties, authority to hear, receive and
examine evidence, shall, for the purposes of this Act, take judicial notice of
the signature attached to a certificate referred to in of
subsection (1)(b).
(3) The averment in a
claim, prosecution notice or other document in proceedings instituted for the
purposes of this Act, that a person is or was at any time, the owner or
occupier of land, shall be deemed to be proved in the absence of proof to the
contrary.
[Section 94 amended by No. 112 of 1984
s. 25; No. 14 of 1996 s. 4; No. 81 of 1996 s. 153(1);
No. 84 of 2004 s. 80; No. 28 of 2006 s. 10; No. 60 of 2006
s. 121(3).]