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PLANNING AND ENVIRONMENT ACT 1987 - SECT 161 General procedure for hearings

PLANNING AND ENVIRONMENT ACT 1987 - SECT 161

General procedure for hearings

    (1)     In hearing submissions, a panel—

        (a)     must act according to equity and good conscience without regard to technicalities or legal forms; and

        (b)     is bound by the rules of natural justice; and

        (c)     is not required to conduct the hearing in a formal manner; and

        (d)     is not bound by the rules or practice as to evidence but may inform itself on any matter—

              (i)     in any way it thinks fit; and

              (ii)     without notice to any person who has made a submission.

S. 161(2) substituted by No. 77/1996 s. 15.

    (2)     A panel may require a planning authority or other body or person to produce any documents relating to any matter being considered by the panel under this Act which it reasonably requires [24] .

    (3)     A panel may prohibit or regulate cross-examination in any hearing.

    (4)     A panel may hear evidence and submissions from any person whom this Act requires it to hear.

    (5)     Submissions and evidence may be given to the panel orally or in writing or partly orally and partly in writing.

S. 161(6) inserted by No. 12/2021 s. 50.

    (6)     A panel may require a person or the person's representative to appear and be heard—

        (a)     at a specified time; and

        (b)     in a specified manner, being—

              (i)     in person at a specified location; or

              (ii)     by audio link or audio visual link.