ENVIRONMENT PROTECTION (IMPACT OF PROPOSALS) REGULATIONS
(#DATE 15:02:1994)
- Updated as at 15 February 1994 *1* The Environment Protection (Impact of Proposals) Regulations (in force under the Environment Protection (Impact of Proposals) Act 1974) as shown in this reprint comprise Statutory Rules 1975 No. 85 amended as indicated in the Tables below. Table of Statutory Rules Year and Date of Date of Application Number Notification commencement saving or in Gazette transitional provisions 1975 No. 85 22 May 1975 22 May 1975 1990 No. 31 13 Feb 1990 13 Feb 1990 - Table of Amendments ad=added or inserted am=amended rep=repealed rs=repealed and substituted Provision affected How affected Schedule 2 am. 1990 No. 31 ENVIRONMENT PROTECTION (IMPACT OF PROPOSALS) REGULATIONS - TABLE OF
PROVISIONS
TABLE
TABLE OF PROVISIONS
Regulation
1. Citation
2. Interpretation
3. Witness before Commission may be represented
4. Witness before Commission may cross-examine other
witnesses
5. Decisions on questions of procedure
6. Summons to witness
7. Allowances to witness
SCHEDULE 1
SCHEDULE 2
WITNESSES' ALLOWANCES FOR TRAVELLING AND OTHER EXPENSES
ENVIRONMENT PROTECTION (IMPACT OF PROPOSALS) REGULATIONS - REG 1
Citation
1. These Regulations may be cited as the Environment Protection (Impact of
Proposals) Regulations.*1*
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
ENVIRONMENT PROTECTION (IMPACT OF PROPOSALS) REGULATIONS - REG 2
Interpretation
2. In these Regulations:
"Commission" means a Commission consisting of a Commissioner or
Commissioners appointed by the Minister under section 11 of the Act to conduct
an inquiry under that section;
"the Act" means the Environment Protection (Impact of Proposals) Act 1974.
ENVIRONMENT PROTECTION (IMPACT OF PROPOSALS) REGULATIONS - REG 3
Witness before Commission may be represented
3. A person appearing as a witness before a Commission may, with the leave
of the Commission, be represented by counsel, a solicitor, or agent.
ENVIRONMENT PROTECTION (IMPACT OF PROPOSALS) REGULATIONS - REG 4
Witness before Commission may cross-examine other witnesses
4. A person appearing as a witness before a Commission may, with the leave
of the Commission, cross-examine any other person appearing as a witness
before the Commission.
ENVIRONMENT PROTECTION (IMPACT OF PROPOSALS) REGULATIONS - REG 5
Decisions on questions of procedure
5. Where, in relation to a question of procedure arising at an inquiry
before a Commission consisting of 2 or more Commissioners, the Commissioners
are divided in opinion, the question shall be decided in accordance with the
majority opinion or, if the Commissioners are equally divided in opinion, in
accordance with the opinion of the Commissioner appointed by the Minister to
preside at the inquiry.
ENVIRONMENT PROTECTION (IMPACT OF PROPOSALS) REGULATIONS - REG 6
Summons to witness
6. (1) A summons under section 15 of the Act may be in accordance with the
form in Schedule 1.
(2) A summons under section 15 of the Act may be served on a person by:
(a) delivering a copy of the summons to the person personally; and
(b) showing the summons to the person at the time at which the copy is
delivered to him.
ENVIRONMENT PROTECTION (IMPACT OF PROPOSALS) REGULATIONS - REG 7
Allowances to witness
7. A witness summoned under the Act to appear at an inquiry by a Commission
shall be paid such allowances for his travelling and other expenses as the
Commission allows in accordance with the scale in Schedule 2.
ENVIRONMENT PROTECTION (IMPACT OF PROPOSALS) REGULATIONS - SCHEDULE 1
SCH
SCHEDULE 1 Regulation 6
Environment Protection (Impact of Proposals) Act 1974
INQUIRY
Summons to Witness
(Description of Inquiry)
To (full name and address of witness)
You are hereby summoned to attend at (place) at on
the day of 19 , to give evidence before the
Commission, appointed under section 11 of the Environment
Protection (Impact of Proposals) Act 1974, enquiring into
(description of subject of inquiry)
and to attend at that place from day to day until the hearing
of the abovementioned inquiry is completed or until you are
excused from further attendance.
*You are required to bring with you and produce the following
books and documents:
(List items required)
Dated this day of , 19 .
Commissioner
*Delete where not applicable.
ENVIRONMENT PROTECTION (IMPACT OF PROPOSALS) REGULATIONS - SCHEDULE 2
SCH
SCHEDULE 2 Regulation 7
WITNESSES' ALLOWANCES FOR TRAVELLING AND OTHER EXPENSES
1. A witness appearing before a Commission to give expert
evidence must be paid $447.50 for each day on which he or she
appears.
2. Any other witness:
(a) who is remunerated by wages, salary or fees - must be paid
the amount of any wages, salary or fees lost by the witness for
appearing; or
(b) who is not so remunerated - must be paid $47.20 for each
day he or she appears.
3. A witness appearing before a Commission to give expert
evidence shall be paid, in addition to any other allowance
payable to him under Item 1 or 2 of this Schedule, a reasonable
amount for qualifying to give that evidence.
4. A witness summoned under the Act to appear before a
Commission to give evidence shall be paid a reasonable amount -
(a) in respect of his conveyance to and from the place at which
he so attends; and
(b) if he is required to be absent overnight from his usual
place of residence - for meals and accommodation.
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