Environment Protection (Impact of Proposals) Act 1974 (Cth)

ENVIRONMENT PROTECTION (IMPACT OF PROPOSALS) ACT 1974
- Updated as at 1 November 1996 (#DATE 01:11:1996)

*1* The Environment Protection (Impact of Proposals) Act 1974 as shown in this reprint comprises Act No. 164, 1974 amended as indicated in the Tables below.

Table of Acts
Act Date Date of Application
Number and of assent commencement saving or
year transitional
provisions
Environment Protection (Impact of Proposals) Act 1974
164, 1974 17 Dec 1974 17 Dec 1974
Environment Protection (Impact of Proposals) Act 1975
36, 1975 19 May 1975 19 May 1975 -
Statute Law Revision Act 1981
61, 1981 12 June 1981 S. 115: Royal -
Assent (a)
Statute Law (Miscellaneous Amendments) Act (No. 1) 1982
26, 1982 7 May 1982 Part XXI (ss. 150 -
and 151): 4 June
1982 (b)
as
amended
by
Statute Law (Miscellaneous Amendments) Act (No. 2) 1982
80, 1982 22 Sept 1982 Part LXXI -
(ss. 262 and
263): 4 June 1982 (c)
Environment Protection (Impact of Proposals) Amendment Act 1987
12, 1987 3 Apr 1987 1 June 1987 (see
Gazette 1987,
No. S106)
Conservation Legislation Amendment Act 1988
7, 1988 31 Mar 1988 31 Mar 1988 -
Statutory Instruments (Tabling and Disallowance) Legislation
Amendment Act 1988
99, 1988 2 Dec 1988 2 Dec 1988 -
Endangered Species Protection (Consequential Amendments) Act
1992
195, 1992 21 Dec 1992 30 Apr 1993 (see -
s. 2 and Gazette
1993, No. S46)
Qantas Sale Act 1992
196, 1992 21 Dec 1992 Schedule (Part 1): S. 2 (6)
10 Mar 1993 (am. by 60,
(see Gazette 1993, 1993, s. 4;
No. GN17) (d) 168, 1994,
Schedule (Part 5): s. 3)
30 Aug 1995
(see Gazette 1995,
No. S324) (d)
as
amended
by
Qantas Sale Amendment Act 1993
60, 1993 3 Nov 1993 10 Mar 1993 -
Qantas Sale Amendment Act 1994
168, 1994 16 Dec 1994 S. 3 (item 17): -
Royal Assent (e)
Statute Law Revision Act 1996 43, 1996 25 Oct 1996 Schedule 4 - (item 71): Royal Assent (f) (a) The Environment Protection (Impact of Proposals) Act 1974 was amended by section 115 only of the Statute Law Revision Act 1981, subsection 2 (1) of which provides as follows:
"(1) Subject to this section, this Act shall come into operation on the day on which it receives the Royal Assent."
(b) The Environment Protection (Impact of Proposals) Act 1974 was amended by Part XXI (sections 150 and 151) only of the Statute Law (Miscellaneous Amendments) Act (No. 1) 1982, subsection 2 (12) of which provides as follows:
"(12) The remaining provisions of this Act shall come into operation on the twenty-eighth day after the day on which this Act receives the Royal Assent."
(c) The Statute Law (Miscellaneous Amendments) Act (No. 1) 1982 was amended by Part LXXI (sections 262 and 263) only of the Statute Law (Miscellaneous Amendments) Act (No. 2) 1982, subsection 2 (11) of which provides as follows:
"(11) Parts XLIX and LXXI shall be deemed to have come into operation on 4 June 1982."
(d) The Environment Protection (Impact of Proposals) Act 1974 was amended by the Schedule (Parts 1 and 5) of the Qantas Sale Act 1992, paragraphs 2 (2), (3) (a) and (c) of which provide as follows:
"(2) Subject to subsection (3), the remaining provisions of this Act commence on a day or days to be fixed by Proclamation.
"(3) A Proclamation may fix a day that is earlier than the day on which the Proclamation is published in the Gazette but only if:
(a) in the case of sections 30, 31, 35, 37, 39, 43 and 50 and Parts 1 and 2 of the Schedule - the day is not earlier than the substantial minority sale day; and
(c) in the case of sections 25, 36, 38, 44 and 51 and Parts 5, 6 and 7 of the Schedule-the day is not earlier than the 100% sale day."
(e) The Qantas Sale Act 1992 was amended by section 3 (item 17) only of the Qantas Sale Amendment Act 1994, subsection 2 (1) of which provides as follows:
"(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent."
(f) The Environment Protection (Impact of Proposals) Act 1974 was amended by Schedule 4 (item 71) only of the Statute Law Revision Act 1996, subsection 2(1) of which provides as follows: "(1) Subject to subsections (2) and (3), this Act commences on the day on which it receives the Royal Assent." Table of Amendments
ad=added or inserted am=amended rep=repealed rs=repealed and substituted
Provision affected How affected
S. 3 am. No. 12, 1987; No. 196, 1992
S. 4 am. No. 12, 1987
S. 4A ad. No. 7, 1988
S. 5 am. No. 36, 1975
S. 5A ad. No. 195, 1992
S. 6 am. No. 12, 1987
S. 7 am. No. 26, 1982 (as am. by No. 80, 1982);
No. 99, 1988
Ss. 7A-7C ad. No. 99, 1988
S. 8 am. No. 12, 1987
S. 9 am. No. 61, 1981
Ss. 10, 11 am. No. 12, 1987
S. 12 am. No. 12, 1987; No. 43, 1996 Ss. 15, 16 am. No. 12, 1987
Ss. 18-20 am. No. 12, 1987
Ss. 22, 23 am. No. 12, 1987
S. 24 rs. No. 36, 1975
am. No. 12, 1987
#ADD 21:2:1997

ENVIRONMENT PROTECTION (IMPACT OF PROPOSALS) ACT 1974 - TABLE OF 
PROVISIONS 
TABLE

                      TABLE OF PROVISIONS

Section

    1. Short title

    2. Commencement

    3. Interpretation

    4. Extension to Territories

   4A. Non-application in relation to certain heritage Acts

    5. Object of Act

   5A. Endangered species etc.

    6. Approved procedures

    7. Orders to be notified and may be disallowed

   7A. Order not to be re-made while required to be tabled

   7B. Order not to be re-made while subject to disallowance

   7C. Disallowed order not to be re-made unless resolution

       rescinded or House approves

    8. Duties of Ministers

    9. Modification of operation of laws

   10. Minister to furnish certain information

   11. Inquiries by Commissioners

   12. Remuneration of Commissioners

   13. Notice of inquiries

   14. Procedure at inquiries

   15. Power to summon witnesses

   16. Failure of witness to attend

   17. Power to administer oath or affirmation

   18. Refusal to be sworn or to answer questions

   19. Protection of Commissioners and witnesses

   20. Contempt of court

   21. Powers of Commission in relation to documents produced

   22. Allowances to witnesses

   23. Witness not to be prejudiced

   24. Power to enter on land etc.

   25. Regulations

ENVIRONMENT PROTECTION (IMPACT OF PROPOSALS) ACT 1974 - LONG TITLE 
SECT

 An Act to make provision for Protection of the Environment in

  relation to Projects and Decisions of, or under the control

   of, the Australian Government, and for related purposes

ENVIRONMENT PROTECTION (IMPACT OF PROPOSALS) ACT 1974 - SECT 1 
Short title 
SECT

  1. This Act may be cited as the Environment Protection (Impact of Proposals)
Act 1974.*1*
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .

ENVIRONMENT PROTECTION (IMPACT OF PROPOSALS) ACT 1974 - SECT 2 
Commencement 
SECT

  2. This Act shall come into operation on the day on which it receives the
Royal Assent.*1*
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .

ENVIRONMENT PROTECTION (IMPACT OF PROPOSALS) ACT 1974 - SECT 3 
Interpretation 
SECT

  3. In this Act, unless the contrary intention appears:

  "Australia" includes the Territories to which this Act extends;

  "authority of Australia" does not include a court but includes an authority
of a Territory and all authorities and bodies (not being companies or
societies) established by or appointed under the laws of Australia and of the
Territories and also includes a company in which the whole of the shares or
stock, or shares or stock carrying more than one-half of the voting power, is
or are owned by or on behalf of Australia;

  "environment" includes all aspects of the surroundings of human beings,
whether affecting human beings as individuals or in social groupings;

  "Territory" means an internal Territory or an external Territory to which
this Act extends.

ENVIRONMENT PROTECTION (IMPACT OF PROPOSALS) ACT 1974 - SECT 4 
Extension to Territories 
SECT

  4. This Act extends to all the external Territories.

ENVIRONMENT PROTECTION (IMPACT OF PROPOSALS) ACT 1974 - SECT 4A 
Non-application in relation to certain heritage Acts 
SECT

  4A. (1) Nothing in this Act applies in relation to:

  (a) the doing of any thing under the World Heritage Properties Conservation
Act 1983 or regulations under that Act; or

  (b) the submission by the Commonwealth under Article 11 of the Convention,
within the meaning of the World Heritage Properties Conservation Act 1983, of
property to the World Heritage Committee as suitable for inclusion in the
World Heritage List provided for in paragraph 2 of that Article.


  (2) This section has effect as if it had commenced on the commencement of
the World Heritage Properties Conservation Act 1983.

ENVIRONMENT PROTECTION (IMPACT OF PROPOSALS) ACT 1974 - SECT 5 
Object of Act 
SECT

  5. (1) The object of this Act is to ensure, to the greatest extent that is
practicable, that matters affecting the environment to a significant extent
are fully examined and taken into account in and in relation to:

  (a) the formulation of proposals;

  (b) the carrying out of works and other projects;

  (c) the negotiation, operation and enforcement of agreements and
arrangements (including agreements and arrangements with, and with authorities
of, the States);

  (d) the making of, or the participation in the making of, decisions and
recommendations; and

  (e) the incurring of expenditure;

by, or on behalf of, the Australian Government and authorities of Australia,
either alone or in association with any other government, authority, body or
person.


  (2) The matters referred to in subsection (1) extend to matters of those
kinds arising in relation to direct financial assistance granted, or proposed
to be granted, to the States.

ENVIRONMENT PROTECTION (IMPACT OF PROPOSALS) ACT 1974 - SECT 5A 
Endangered species etc. 
SECT

  5A. (1) Without limiting the scope of section 5, a matter is taken, for the
purposes of that section, to be a matter affecting the environment to a
significant extent if it could threaten with extinction, or significantly
impede the recovery of, a listed native species or a listed ecological
community.


  (2) Despite subsection (1), for the purposes of section 5, an act is not
taken, merely because it could affect a listed native species or a listed
ecological community, to be a matter affecting the environment to a
significant extent if it is expressly permitted under a recovery plan, or a
threat abatement plan, that is in force under the Endangered Species
Protection Act 1992.


  (3) In this section:

  "listed ecological community" and "listed native species" have the same
meanings as in the Endangered Species Protection Act 1992;

  "permitted" includes required;

  "recovery plan" and "threat abatement plan" have the same meanings as in the
Endangered Species Protection Act 1992.

ENVIRONMENT PROTECTION (IMPACT OF PROPOSALS) ACT 1974 - SECT 6 
Approved procedures 
SECT

  6. (1) The Governor-General may, from time to time, by order, approve, and
approve variations of, administrative procedures for the purpose of achieving
the object of this Act, being procedures that are consistent with relevant
laws, as affected by regulations under this Act.


  (2) Without limiting the generality of subsection (1), the approved
procedures may provide for:

  (a) enabling the Minister to require the supply of information for the
purpose of consideration, by or on behalf of the Minister, of the necessity
for environmental impact statements or public environment reports;

  (b) authorizing the Minister to direct the preparation or obtaining, and the
submission to the Minister, of statements to be known as environmental impact
statements;

  (ba) authorizing the Minister to direct the preparation or obtaining, and
the submission to the Minister, of reports to be known as public environment
reports;

  (c) defining, or authorizing the Minister to determine, the matters to be
dealt with by, and the form of, those statements and reports;

  (d) the making of those statements and public environment reports available,
in cases or circumstances specified by or in accordance with the procedures,
for public comment;

  (e) inquiries in accordance with this Act, and action to be taken in respect
of reports resulting from such inquiries;

  (f) the revision of those statements and public environment reports;

  (g) the examination of those statements and public environment reports by or
on behalf of the Minister and the making by or on behalf of the Minister of
comments, suggestions or recommendations concerning the matters to which those
statements and public environment reports relate, including suggestions or
recommendations concerning conditions to which approvals, agreements and other
matters should be subject; and

  (h) exemptions from all or any of the requirements of the procedures.

ENVIRONMENT PROTECTION (IMPACT OF PROPOSALS) ACT 1974 - SECT 7 
Orders to be notified and may be disallowed 
SECT

  7. (1) Where an order is made by the Governor-General under section 6:

  (a) notice shall be published in the Gazette of the order having been made,
and of the place where copies of the order can be purchased;

  (b) the order shall, subject to this section, take effect from the date of
publication of the notice or, where another date is specified in the order,
from the date specified; and

  (c) the order shall be laid before each House of the Parliament within 15
sitting days of that House after the making of the order.


  (2) If an order is not laid before each House of the Parliament in
accordance with subsection (1), it ceases to have effect.


  (3) If either House of the Parliament, in pursuance of a motion of which
notice has been given within 15 sitting days after an order has been laid
before that House, passes a resolution disallowing the order or part of the
order, the order or that part of the order, thereupon ceases to have effect.


  (4) If, at the expiration of 15 sitting days after notice of a motion to
disallow an order or part of an order has been given in a House of the
Parliament, being notice given within 15 sitting days after the order has been
laid before that House:

  (a) the notice has not been withdrawn and the motion has not been called on;
or

  (b) the motion has been called on, moved and seconded and has not been
withdrawn or otherwise disposed of;

the order, or part of the order, specified in the motion shall thereupon be
deemed to have been disallowed.


  (5) If, before the expiration of 15 sitting days after notice of a motion to
disallow an order or part of an order has been given in a House of the
Parliament:

  (a) the House of Representatives is dissolved or expires, or the Parliament
is prorogued; and

  (b) at the time of the dissolution, expiry or prorogation, as the case may
be:

    (i) the notice has not been withdrawn and the motion has

not been called on; or

    (ii) the motion has been called on, moved and seconded and

has not been withdrawn or otherwise disposed of;

the order or part of an order shall, for the purposes of subsections (3) and
(4), be deemed to have been laid before that first-mentioned House on the
first sitting day of that first-mentioned House after the dissolution, expiry
or prorogation, as the case may be.


  (6) Where an order is disallowed, or is deemed to have been disallowed,
under this section or ceases to have effect by virtue of the operation of
subsection (2), the disallowance of the order or the operation of subsection
(2) in relation to the order, as the case may be, has the same effect as a
repeal of the order.


  (7) Where:

  (a) an order (in this subsection referred to as the "relevant order") is
disallowed, or is deemed to have been disallowed, under this section or ceases
to have effect by virtue of the operation of subsection (2); and

  (b) the relevant order repealed, in whole or in part, another order that was
in force immediately before the relevant order came into operation;

the disallowance of the relevant order or the operation of subsection (2) in
relation to the relevant order, as the case may be, has the effect of reviving
that other order from and including the date of the disallowance or the date
on which the relevant order ceased to have effect by virtue of that operation
of subsection (2), as the case may be, as if the relevant order had not been
made.


  (8) A reference in subsection (6) or (7) to an order shall be read as
including a reference to a part of an order.

ENVIRONMENT PROTECTION (IMPACT OF PROPOSALS) ACT 1974 - SECT 7A 
Order not to be re-made while required to be tabled 
SECT

  7A. (1) Where an order (in this section called the "original order") has
been made, no order containing a provision being the same in substance as a
provision of the original order shall be made during the period defined by
subsection (2) unless both Houses of the Parliament by resolution approve the
making of an order containing a provision the same in substance as that
provision of the original order.


  (2) The period referred to in subsection (1) is the period starting on the
day on which the original order was made and ending at the end of 7 days
after:

  (a) if the original order has been laid, in accordance with subsection 7
(1), before both Houses of the Parliament on the same day - that day;

  (b) if the original order has been so laid before both Houses on different
days - the later of those days; or

  (c) if the original order has not been so laid before both Houses - the last
day on which subsection 7 (1) could have been complied with.


  (3) If a provision of an order is made in contravention of this section, the
provision has no effect.

ENVIRONMENT PROTECTION (IMPACT OF PROPOSALS) ACT 1974 - SECT 7B 
Order not to be re-made while subject to disallowance 
SECT

  7B. (1) Where notice of a motion to disallow an order has been given in a
House of the Parliament within 15 sitting days after the order has been laid
before that House, no order containing a provision being the same in substance
as a provision of the first-mentioned order shall be made unless:

  (a) the notice has been withdrawn;

  (b) the order is deemed to have been disallowed under subsection 7 (4);

  (c) the motion has been withdrawn or otherwise disposed of; or

  (d) subsection 7 (5) has applied in relation to the order.


  (2) Where:

  (a) because of subsection 7 (5), an order is deemed to have been laid before
a House of the Parliament on a particular day; and

  (b) notice of a motion to disallow the order has been given in that House
within 15 sitting days after that day;

no order containing a provision being the same in substance as a provision of
the first-mentioned order shall be made unless:

  (c) the notice has been withdrawn;

  (d) the order is deemed to have been disallowed under subsection 7 (4);

  (e) the motion has been withdrawn or otherwise disposed of; or

  (f) subsection 7 (5) has applied again in relation to the order.


  (3) If a provision of an order is made in contravention of this section, the
provision has no effect.


  (4) This section does not limit the operation of section 7A or 7C.


  (5) In this section:

  "order" includes a part of an order.

ENVIRONMENT PROTECTION (IMPACT OF PROPOSALS) ACT 1974 - SECT 7C 
Disallowed order not to be re-made unless resolution rescinded 
or House approves 
SECT

  7C. If an order or a part of an order is disallowed, or is deemed to have
been disallowed, under section 7, and an order containing a provision being
the same in substance as a provision so disallowed, or deemed to have been
disallowed, is made within 6 months after the date of the disallowance, that
provision has no effect, unless:

  (a) in the case of an order, or a part of an order, disallowed by resolution
- the resolution has been rescinded by the House of the Parliament by which it
was passed; or

  (b) in the case of an order, or a part of an order, deemed to have been
disallowed - the House of the Parliament in which notice of the motion to
disallow the order or part was given has approved, by resolution, the making
of a provision the same in substance as the provision deemed to have been
disallowed.

ENVIRONMENT PROTECTION (IMPACT OF PROPOSALS) ACT 1974 - SECT 8 
Duties of Ministers 

SECT

  8. Each Minister shall give all such directions and do all such things as,
consistently with any relevant laws as affected by regulations under this Act,
can be given or done by the Minister:

  (a) for ensuring that procedures for the time being approved under this Act
are given effect to in and in connexion with matters dealt with by the
Department administered by the Minister and that any authority of Australia in
relation to which the Minister has ministerial responsibilities observes, and
assists in giving effect to, those procedures; and

  (b) for ensuring that any final environmental impact statement or public
environment report formulated in accordance with those procedures, and any
suggestions or recommendations made in accordance with those procedures, are
taken into account, in matters to which they relate, in the Department
administered by the Minister and by any authority of Australia in respect of
which the Minister has ministerial responsibilities.

ENVIRONMENT PROTECTION (IMPACT OF PROPOSALS) ACT 1974 - SECT 9 
Modification of operation of laws 
SECT

  9. Without prejudice to any right, power or duty of any authority of
Australia, apart from this Act, to take into account matters relating to the
environment in the exercise of any power or function, the regulations may:

  (a) make provision for or in relation to requiring or permitting a
prescribed authority of Australia to take into account, either generally or in
accordance with the regulations, matters affecting the environment in the
taking of any action or the making of any decision or recommendation; and

  (b) prescribe matters necessary or convenient to be prescribed as incidental
to provision so made, including matters relating to procedures and times;

and regulations so made have effect notwithstanding any other law.

ENVIRONMENT PROTECTION (IMPACT OF PROPOSALS) ACT 1974 - SECT 10 
Minister to furnish certain information 
SECT

  10. In respect of a particular matter of a kind referred to in any of the
paragraphs of section 5, any person may, by notice in writing, require the
Minister to inform the person in writing as to what action, if any, has been
taken, or is proposed, for ensuring consideration of the environmental aspects
of the matter, and the Minister shall as soon as practicable, and in any event
within 3 months after the date of the notice, inform the person in writing
accordingly.

ENVIRONMENT PROTECTION (IMPACT OF PROPOSALS) ACT 1974 - SECT 11 
Inquiries by Commissioners 
SECT

  11. (1) For the purposes of procedures approved under this Act or for
achieving the object of this Act, the Minister may direct that an inquiry be
conducted in respect of all or any of the environmental aspects of a matter
referred to in any of the paragraphs of section 5, whether or not an
environmental impact statement or public environment report has, in accordance
with procedures under this Act, been furnished to the Minister.


  (2) The Minister shall appoint a Commissioner or Commissioners to be a
Commission to conduct an inquiry under this section and may appoint a person
or persons to advise the Commission.


  (3) Where there is more than one Commissioner, the Minister shall appoint
one of the Commissioners to preside at the inquiry.


  (3A) The Minister may direct a Commission to report its findings and
recommendations within a reasonable period as specified in the direction.


  (4) The Commission:

  (a) shall report its findings and recommendations to the Minister;

  (b) where a period has been specified under subsection (3A) - shall so
report within that period; and

  (c) after so reporting, but subject to subsection (5) - shall make public
those findings and recommendations.


  (5) The Commission shall not make public any evidence or matters in respect
of which directions have been given under paragraph 14 (2) (b) or matters the
publication of which is excepted from subsection 14 (5).


  (6) Subject to subsections (1) and (3A), a Commission is not subject to
directions by the Minister, or otherwise by or on behalf of the Australian
Government, in or in relation to the conduct of an inquiry.

ENVIRONMENT PROTECTION (IMPACT OF PROPOSALS) ACT 1974 - SECT 12 
Remuneration of Commissioners 
SECT

  12. (1) A Commissioner shall be paid such remuneration as is determined by
the Remuneration Tribunal, but, if no determination of that remuneration by
the Tribunal is in operation, the Commissioner shall be paid such remuneration
as is prescribed.


  (2) A Commissioner shall be paid such allowances as are prescribed.


  (3) This section has effect subject to the Remuneration Tribunal Act 1973.

ENVIRONMENT PROTECTION (IMPACT OF PROPOSALS) ACT 1974 - SECT 13 
Notice of inquiries 
SECT

  13. Before a Commission commences to hold an inquiry, the Commission shall
give reasonable notice, by advertisement published in the Gazette and in such
newspapers as it thinks necessary, of its intention to hold the inquiry, the
subject of the inquiry and the time and place at which the inquiry is to be
commenced.

ENVIRONMENT PROTECTION (IMPACT OF PROPOSALS) ACT 1974 - SECT 14 
Procedure at inquiries 
SECT

  14. (1) Subject to this section, an inquiry by a Commission shall be held in
public and evidence in the inquiry shall be taken in public on oath or
affirmation.


  (2) Where a Commission is satisfied that it is desirable to do so in the
public interest by reason of the confidential nature of any evidence or matter
or for any other reason, the Commission may:

  (a) direct that an inquiry or a part of an inquiry shall take place in
private and give directions as to the persons who may be present; or

  (b) give directions prohibiting or restricting the publication of evidence
given before the Commission or of matters contained in documents lodged with
the Commission.


  (3) A Commission may, if it thinks fit, permit a person appearing as a
witness before the Commission to give evidence by tendering, and verifying by
oath or affirmation, a written statement.


  (4) Where a Commission considers that the attendance of a person as a
witness before the Commission would cause serious hardship to the person, the
Commission may permit the person to give evidence by sending to the Commission
a written statement, verified in such manner as the Commission allows.


  (5) Where evidence is given to a Commission by a written statement in
accordance with subsection (3) or (4), the Commission shall make available to
the public in such manner as the Commission thinks fit the contents of the
statement other than any matter as to which the Commission is satisfied that
its publication would be contrary to the public interest by reason of its
confidential nature or for any other reason.


  (6) Subject to this section, the regulations and orders under section 6:

  (a) the procedure to be followed at an inquiry by a Commission is within the
discretion of the Commission; and

  (b) a Commission is not bound by the rules of evidence.


  (7) Nothing in this section derogates from any law relating to Crown
privilege.

ENVIRONMENT PROTECTION (IMPACT OF PROPOSALS) ACT 1974 - SECT 15 
Power to summon witnesses 
SECT

  15. A Commissioner may, by writing signed by the Commissioner, summon a
person to appear before the Commission at a time and place specified in the
summons to give evidence and produce such books and documents (if any) as are
referred to in the summons.

ENVIRONMENT PROTECTION (IMPACT OF PROPOSALS) ACT 1974 - SECT 16 
Failure of witness to attend 
SECT

  16. A person served with a summons to appear as a witness at an inquiry by a
Commission shall not, without reasonable excuse:

  (a) fail to attend as required by the summons; or

  (b) fail to appear and report from day to day unless excused or released
from further attendance by or on behalf of the Commission.

Penalty: $1,000 or imprisonment for 6 months.

ENVIRONMENT PROTECTION (IMPACT OF PROPOSALS) ACT 1974 - SECT 17 
Power to administer oath or affirmation 
SECT

  17. A Commissioner may administer an oath or affirmation to a person
appearing as a witness before the Commission.

ENVIRONMENT PROTECTION (IMPACT OF PROPOSALS) ACT 1974 - SECT 18 
Refusal to be sworn or to answer questions 
SECT

  18. A person appearing as a witness at an inquiry by a Commission shall not,
without reasonable excuse:

  (a) refuse or fail to be sworn or to make an affirmation;

  (b) refuse or fail to answer a question that the person is required to
answer by the Commissioner presiding at the inquiry; or

  (c) refuse or fail to produce a document that the person was required to
produce by a summons under this Act served on the person.

Penalty: $1,000 or imprisonment for 6 months.

ENVIRONMENT PROTECTION (IMPACT OF PROPOSALS) ACT 1974 - SECT 19 
Protection of Commissioners and witnesses 
SECT

  19. (1) A Commissioner has, in the performance of the duties of a
Commissioner, the same protection and immunity as a Justice of the High Court.


  (2) Subject to this Act, a person appearing before a Commission as a witness
at an inquiry has the same protection, and is, in addition to the penalties
provided by this Act, subject to the same liabilities, in any civil or
criminal proceedings as a witness in proceedings in the High Court.

ENVIRONMENT PROTECTION (IMPACT OF PROPOSALS) ACT 1974 - SECT 20 
Contempt of court 
SECT

  20. A person shall not:

  (a) insult or disturb a Commissioner in the exercise of the powers or the
performance of the functions or duties of a Commissioner;

  (b) interrupt an inquiry by a Commission;

  (c) use insulting language towards a Commissioner;

  (d) create a disturbance, or take part in creating or continuing a
disturbance, in or near a place where a Commission is holding an inquiry; or

  (e) do any other act or thing that would, if a Commission were a court of
record, constitute a contempt of that court.

Penalty: $1,000 or imprisonment for 6 months.

ENVIRONMENT PROTECTION (IMPACT OF PROPOSALS) ACT 1974 - SECT 21 
Powers of Commission in relation to documents produced 
SECT

  21. (1) A Commissioner, or a person assisting a Commission and authorized by
a Commissioner to do so, may inspect any books or documents furnished to the
Commission for the purposes of the performance of its functions under this Act
or produced at an inquiry and may make copies of, or take extracts from, those
books or documents.


  (2) Books or documents so furnished may be retained by the Commission for
such reasonable period as the Commission thinks fit.

ENVIRONMENT PROTECTION (IMPACT OF PROPOSALS) ACT 1974 - SECT 22 
Allowances to witnesses 
SECT

  22. A witness summoned under this Act to appear at an inquiry by a
Commission is entitled to be paid by Australia such allowances for travelling
and other expenses as are prescribed.

ENVIRONMENT PROTECTION (IMPACT OF PROPOSALS) ACT 1974 - SECT 23 
Witness not to be prejudiced 
SECT

  23. (1) A person shall not:

  (a) use violence to or inflict injury on;

  (b) cause or procure violence, damage, loss or disadvantage to; or

  (c) cause or procure the punishment of;

a person for or on account of the person's having appeared, or being about to
appear, as a witness at an inquiry by a Commission or for or on account of any
evidence given by the person before a Commission.

Penalty: $1,000 or imprisonment for 6 months.


  (2) Without limiting the generality of subsection (1), an employer shall
not:

  (a) dismiss an employee from his or her employment, or prejudice an employee
in his or her employment, by reason that the employee has appeared as a
witness, or has given any evidence, at an inquiry by a Commission; or

  (b) dismiss or threaten to dismiss an employee from his or her employment or
prejudice, or threaten to prejudice an employee in his or her employment, by
reason that the employee proposes to appear as a witness or to give evidence
at an inquiry by a Commission.

Penalty: $1,000 or imprisonment for 6 months.


  (3) In any proceedings arising out of subsection (2):

  (a) if it is established that the employee was dismissed from, or prejudiced
in, his or her employment and that, before the employee was so dismissed or
prejudiced, the employee appeared as a witness, or gave any evidence, at an
inquiry by a Commission - the burden lies on the employer of proving that the
employee was not dismissed or prejudiced by reason that the employee so
appeared as a witness or gave evidence; or

  (b) if it is established that the employee was dismissed, or threatened with
dismissal, from his or her employment, or was prejudiced, or threatened with
prejudice, in his or her employment and that, before the employee was so
dismissed, threatened with dismissal, prejudiced or threatened with prejudice,
the employee proposed to appear as a witness, or to give evidence, at an
inquiry by a Commission - the burden lies on the employer of proving that the
employee was not so dismissed, threatened with dismissal, prejudiced or
threatened with prejudice by reason that the employee proposed so to appear as
a witness or to give evidence.


  (4) This section binds Australia as an employer, but does not render
Australia liable to prosecution.

ENVIRONMENT PROTECTION (IMPACT OF PROPOSALS) ACT 1974 - SECT 24 
Power to enter on land etc. 
SECT

  24. (1) A Commissioner, or a person acting with the authority of a
Commissioner, may, with the consent of the occupier of any land, building or
place, enter the land, building or place for the purposes of an inquiry under
this Act.


  (2) Where a Commissioner has reason to believe that it is necessary or
desirable for the purposes of an inquiry under this Act for the Commissioner,
or a person authorized by the Commissioner, to enter any land, building or
place, the Commissioner may make application to a Justice of the Peace for a
warrant authorizing the Commissioner or that person to enter the land,
building or place for the purposes of the inquiry.


  (3) If, on an application under subsection (2), the Justice of the Peace is
satisfied by information on oath or affirmation that the issue of the warrant
is reasonably required for the purposes of this Act, the Justice of the Peace
may grant a warrant authorizing the Commissioner, or that person, with such
assistance as the Commissioner or that person thinks necessary, to enter the
land, building or place for the purposes of the inquiry.


  (4) A warrant under subsection (3) shall specify a date after which the
warrant ceases to have effect.


  (5) Where a Commissioner, or a person acting with the authority of a
Commissioner, enters any land, building or place in pursuance of subsection
(1) or of a warrant granted under subsection (3) for the purposes of an
inquiry under this Act, the Commissioner or the person may:

  (a) inspect the land, building or place; and

  (b) inspect any material on the land, or on or in the building or place.


  (6) A person shall not, without reasonable excuse, obstruct or hinder a
Commissioner, or a person authorized by a Commissioner, acting in pursuance of
a warrant granted under subsection (3) or in pursuance of subsection (5).

Penalty: $200.


  (7) In this section, "occupier", in relation to land, a building or a place,
includes the person in charge of the land, building or place, as the case may
be.

ENVIRONMENT PROTECTION (IMPACT OF PROPOSALS) ACT 1974 - SECT 25 
Regulations 
SECT

  25. The Governor-General may make regulations, not inconsistent with this
Act, prescribing all matters that are required or permitted by this Act to be
prescribed or are necessary or convenient to be prescribed for carrying out or
giving effect to this Act.