STATUTORY RULES
1975 No. 85
REGULATIONS UNDER THE ENVIRONMENT PROTECTION (IMPACT OF PROPOSALS) ACT 1974.*
I, THE GOVERNOR-GENERAL of Australia, acting with the advice of the Executive Council, hereby make the following Regulations under the Environment Protection (Impact of Proposals) Act 1974.
Dated this tenth day of May, 1975.
John R. Kerr
Governor-General.
By His Excellency’s Command,
Minister of State for Environment
ENVIRONMENT PROTECTION (IMPACT OF PROPOSALS) REGULATIONS*
Citation.
1. These Regulations may be cited as the Environment Protection (Impact of Proposals) Regulations.
* Notified in the Australian Government Gazette on 22 May 19
Definitions.
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.
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.
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.
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.
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.
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.
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 above mentioned 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 applicable
SCHEDULE 2 Regulation 7
WITNESSES’ ALLOWANCES FOR TRAVELLING AND OTHER EXPENSES
1. A witness summoned, because of his professional, scientific or other special skill or knowledge, under the Act to appear before a Commission shall be paid an allowance of not less than $10.50 or more than $52.50 for each day on which he so appears.
2. A witness, other than a witness referred to in Item 1 of this Schedule, summoned under the Act to appear before a Commission shall be paid -
(a) if he is remunerated by wages, salary or fees -
(i) an allowance equal to the amount of wages, salary or fees lost by him by reason of his so appearing; or
(ii) an allowance of $16 for each day on which he so appears,
whichever is the less; or
(b) if he is not so remunerated - an allowance of $6 for each day on which he so 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.