Environment Protection (Impact of Proposals) Regulations (Amendment)

Overview

The Environment Protection (Impact of Proposals) Regulations (Amendment) 1990 No. 31, issued under the authority of the Minister for the Arts, Sport, the Environment, Tourism and Territories, aims to address the need for updating witness allowances as prescribed in the Regulations. This amendment was necessitated by the recent inquiry under the Act, which has public hearings scheduled from 21 to 24 February 1990. Given that the last inquiry under the Act occurred in the mid-1970s, the current allowances are outdated and require adjustment. The primary objective of the amendment is to align the witness allowances with those stipulated in the High Court Rules, ensuring that they are appropriate and reflective of contemporary standards.

Scope and Application

The Environment Protection (Impact of Proposals) Regulations (Amendment) 1990 No. 31 pertains to the revision of witness allowances as prescribed in the existing Regulations, with the primary aim of aligning these allowances with the High Court Rules for witness allowances. This amendment specifically applies to individuals summoned as witnesses for the inquiry directed under the Act, which was scheduled to take place from 21 to 24 February 1990. The allowances have not been updated since the mid-1970s, necessitating adjustments to reflect contemporary standards. These regulations operate within the jurisdiction of the Commonwealth, under the purview of the Minister for the Arts, Sport, the Environment, Tourism and Territories. There are no stated exclusions, exemptions, or thresholds in this particular amendment, and it does not extend or restrict the application of the broader Act through subordinate instruments beyond the specific changes to witness allowances.

Key Provisions

The Environment Protection (Impact of Proposals) Regulations (Amendment) 1990 No. 31, under the authority of the Minister for the Arts, Sport, the Environment, Tourism and Territories, primarily revises the witness allowances as prescribed in the Regulations. This amendment is driven by the need to update the allowances to reflect the current economic conditions, as the last inquiry held under the Act was in the mid-1970s. Consequently, Sections 1 to 5 of the Amendment focus on revising these allowances, ensuring they align with the High Court Rules for witness allowances (Sections 2 and 3). The regulations specify the new rates of allowances for witnesses summoned to appear before the inquiry, which will be held from 21 to 24 February 1990 (Section 4). The Amendment imposes specific obligations on parties and entities governed by the Act. It mandates that any witness appearing before the inquiry be compensated at the rates prescribed in the Amendment. These rates are intended to cover travel, accommodation, and other expenses incurred by the witnesses. Section 5 of the Amendment outlines the process for claiming these allowances, including the requirement for witnesses to submit claims within a specified period after the inquiry concludes. The Amendment also mandates that the payments be made by a specified date to ensure timely compensation for the witnesses. Breach of the obligations imposed by the Amendment may lead to civil or criminal consequences. While the Amendment does not explicitly state the penalties for non-compliance, it is understood that failure to adhere to the prescribed allowances and processes may result in legal action. In the context of the Environment Protection (Impact of Proposals) Act, any significant deviation from the regulations could potentially lead to fines or other penalties as stipulated under the Act. The exact penalties would depend on the nature and severity of the breach, but they could include fines up to a certain amount as prescribed by the governing laws. It is imperative that all parties comply with the Amendment to avoid any legal repercussions.