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TASMANIA
__________
ENVIRONMENTAL MANAGEMENT AND
POLLUTION CONTROL AMENDMENT
(HEARINGS) BILL 2004
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 96A amended (Environment Protection Policy
Review Panel)
5. Schedule 5A amended (Membership, meetings and
proceedings of Panel)
[Bill 7]-II
2
ENVIRONMENTAL MANAGEMENT AND
POLLUTION CONTROL AMENDMENT
(HEARINGS) BILL 2004
(Brought in by the Minister for Environment and
Planning, the Honourable Judith Louise Jackson)
A BILL FOR
An Act to amend the Environmental Management
and Pollution Control Act 1994 in relation to
hearings by the Environment Protection Policy
Review Panel
Be it enacted by His Excellency the Governor of Tasmania,
by and with the advice and consent of the Legislative
Council and House of Assembly, in Parliament assembled,
as follows:
Short title
1. This Act may be cited as the Environmental
Management and Pollution Control Amendment
(Hearings) Act 2004.
Commencement
2. This Act commences on the day on which this Act
receives the Royal Assent.
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Principal Act
3. In this Act, the Environmental Management and
Pollution Control Act 1994* is referred to as the Principal
Act.
Section 96A amended (Environment Protection
Policy Review Panel)
4. Section 96A(3) of the Principal Act is amended by
omitting "membership, meetings and proceedings" and
substituting "membership, proceedings, meetings and
hearings".
Schedule 5A amended (Membership, meetings and
proceedings of Panel)
5. Schedule 5A to the Principal Act is amended as follows:
(a) by omitting the heading and substituting the
following heading:
SCHEDULE 5A MEMBERSHIP,
PROCEEDINGS, MEETINGS AND
HEARINGS OF PANEL
(b) by inserting the following heading after the
heading to Schedule 5A:
PART 1 MEMBERSHIP AND PROCEEDINGS
OF PANEL
(c) by inserting the following heading after clause
4:
PART 2 MEETINGS CONDUCTED BY PANEL
(d) by inserting the following Part after clause 7:
*No. 44 of 1994
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PART 3 HEARINGS CONDUCTED BY PANEL
Interpretation
8. In this Part
"hearing" means a hearing conducted
by the Panel.
Convening of hearing of Panel
9. A hearing may be convened by
(a) the chairperson of the Panel; or
(b) any 2 members of the Panel.
Directions about hearings
10. (1) The Panel may give directions about
(a) the times and the places of
hearings; and
(b) matters preliminary to hearings;
and
(c) the conduct of hearings.
(2) The Panel may refuse to hear any
person who fails to comply with a direction of
the Panel.
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Hearings
11. (1) If the Panel conducts a hearing
(a) the procedure of the hearing is,
subject to this Part, to be
determined by the Panel; and
(b) the Panel
(i) may inform itself about any
matter in any way that it
considers appropriate; and
(ii) may receive oral or written
evidence; and
(iii) may consult with such
persons as it thinks
appropriate; and
(iv) is not bound to act in a
formal manner; and
(v) is not bound by the rules of
evidence; and
(vi) must observe the rules of
natural justice.
(2) Before beginning a hearing, the
Panel must give reasonable notice of the
hearing in at least 2 daily newspapers
published in Tasmania, of which at least one
circulates in the region in which the hearing is
to be conducted.
(3) The notice under subclause (2) is to
state
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2004 Environmental Management and No. s. 5
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(a) the subject of the hearing; and
(b) the time when, and place at which,
the hearing is to be conducted.
Hearings procedure generally
12. (1) Subject to this clause, a hearing is to
be conducted in public.
(2) At its discretion, or on the
application of a person, the Panel may take
evidence in private if the Panel considers
that
(a) the evidence to be given at a
hearing is of a confidential nature;
and
(b) the interest in confidentiality is
greater than the interest in having
the evidence taken in public.
(3) The Panel may permit or require a
person who is to give evidence at a hearing to
do so in writing.
(4) At a hearing, the Panel may take
evidence, or require evidence to be given, on
oath or affirmation.
Representation at hearing
13. (1) At a hearing, a party to the hearing
may
(a) appear in person; or
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(b) be represented by some other
person, whether or not that other
person is enrolled or admitted as a
legal practitioner, barrister,
solicitor or barrister and solicitor
of the High Court or the Supreme
Court of a State.
(2) Despite subclause (1), the Panel may
refuse to allow a party to the hearing to be
represented by another person if the Panel is
satisfied that another party to the hearing
would be significantly disadvantaged by the
representation.
Written evidence and submission
documents to be made public
14. (1) The Panel is to make available to the
public, in any way it thinks appropriate
(a) the particulars of written evidence
given at a hearing; and
(b) the contents of written
submissions to the Panel.
(2) Despite subclause (1), the Panel may
refuse to make the particulars of written
evidence, or the contents of a written
submission, available to the public if the Panel
considers that the evidence or submission
would have been taken in private if it had
been given orally at a hearing.
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Power to obtain information and
documents
15. (1) The Panel, by notice in writing, may
require a person to do one or more of the
following:
(a) to appear at a hearing to give
evidence;
(b) to produce a document specified in
the notice;
(c) to give to the Panel, on or before a
day specified in the notice
(i) a statement signed by the
person setting out the
information specified in the
notice; or
(ii) a document specified in the
notice.
(2) If a document is produced or given to
the Panel under subclause (1), the Panel
(a) may take possession of the
document and make copies of, or
take extracts from, it; and
(b) may retain possession of the
document for such period as is
necessary for the purposes of the
hearing to which the document
relates; and
(c) must permit the document to be
inspected at all reasonable times
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by persons who would be entitled
to inspect the document if it were
not in the possession of the Panel.
Failure to comply with requirement
16. (1) A person who has been given notice
under clause 15 must not, without reasonable
excuse
(a) refuse or fail to comply with the
notice; or
(b) when appearing at a hearing
pursuant to the notice, refuse or
fail
(i) to take an oath or make an
affirmation, if required; or
(ii) to answer a question that
the person presiding at the
hearing requires to be
answered.
Penalty: Fine not exceeding 20 penalty
units.
(2) It is a reasonable excuse for the
purposes of subclause (1) if compliance with
the notice or the answer to the question will
incriminate the person or make the person
liable to forfeiture or a penalty.
(3) A person who has been given notice
under clause 15 requiring the person to appear
at a hearing must not, without reasonable
excuse, refuse or fail to attend from day to day
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unless excused or released from further
attendance by the person presiding at the
hearing.
Penalty: Fine not exceeding 20 penalty
units.
False or misleading evidence or
information
17. (1) A person must not
(a) give to the Panel information, or a
document, that the person knows
to be false or misleading in a
material particular; or
(b) give evidence, or produce a
document, at a hearing that the
person knows to be false or
misleading in a material
particular.
Penalty: Fine not exceeding 20 penalty
units or imprisonment for a
term not exceeding 6 months.
(2) Subclause (1) does not apply to a
document if, at the time when the person gives
it to the Panel or produces it at a hearing, the
person informs the Panel that it is false or
misleading in a material particular and
specifies in which respect it is, to the person's
knowledge, false or misleading.
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Allowances to persons giving evidence,
&c.
18. (1) A person who appears at a hearing as
required by a notice under clause 15 is entitled
to be paid any allowances for travelling and
other expenses as are prescribed.
(2) The Panel may pay any allowances
for travelling and other expenses as are
prescribed to any other person who appears at
a hearing to give evidence or produce a
document.
(3) If a person gives evidence to, or
produces a document at, a hearing, the Panel
may do one or more of the following:
(a) pay for the performance of work
involved in collecting and
preparing the evidence or
document;
(b) reimburse expenses reasonably
incurred in the collection and
preparation of the evidence or
document;
(c) compensate for such losses as were
reasonably incurred in collecting
and preparing the evidence or
document.
(4) In subclause (3)
"person" includes a Government
department, or a State authority,
within the meaning of the State
Service Act 2000.
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Obstruction or improper influence of
hearing
19. A person must not obstruct or improperly
influence the conduct of a hearing of the Panel
or attempt to do so.
Penalty: Fine not exceeding 20 penalty
units or imprisonment for a
term not exceeding 6 months.
Protection of members, &c.
20. (1) A member of the Panel does not incur
any personal liability in respect of any act
done or omitted to be done by the member in
good faith in the performance or exercise, or
purported performance or exercise, of any
function or power of the Panel or in the
administration or execution, or purported
administration or execution, of the Act under
which the Panel is established.
(2) A person summoned to attend or
appearing before the Panel as a witness has
the same protection as a witness in a
proceeding in the Supreme Court.
Government Printer, Tasmania 13