Environment Protection (Impact of Proposals) Regulations

Legislation au C2004L00095 Regulations Not in force Legislative Instrument

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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.

Overview

The Environment Protection (Impact of Proposals) Regulations 1975 were enacted under the authority of the Australian Government and are subsidiary legislation made pursuant to the Environment Protection (Impact of Proposals) Act 1974. This Act was designed to address the need for a systematic approach to assessing the environmental impacts of significant proposals, thereby ensuring that potential environmental harm is considered in decision-making processes. The Regulations provide further detail on procedural aspects of the inquiries mandated by the Act, including the manner in which witnesses may be summoned, the allowances they may receive, and the rules governing their representation and cross-examination. The policy objective of these Regulations is to facilitate efficient and fair inquiries into the environmental implications of proposed actions, thus contributing to the overarching goal of environmental protection and sustainability.

Scope and Application

The Environment Protection (Impact of Proposals) Regulations 1975, made under the Environment Protection (Impact of Proposals) Act 1974, apply to individuals and entities involved in inquiries conducted by a Commission appointed by the Minister. This Act primarily concerns the environmental impact assessments of proposed actions, projects, or activities that may significantly affect the environment. These regulations are designed to govern the procedural aspects of the inquiry process, including the rights of witnesses, the summoning and compensation of witnesses, and the determination of procedural questions during inquiries. The scope of these regulations is national, applying across Australia as a Commonwealth instrument. Notably, these regulations do not specify exclusions or thresholds for the types of projects or activities subject to environmental impact assessments, which are instead determined under the overarching Act. The application of these regulations may be extended or restricted through subordinate instruments, such as further regulations or guidelines issued by the relevant authorities.

Key Provisions

The Environment Protection (Impact of Proposals) Regulations (1975) primarily establish procedural frameworks and allowances for witnesses appearing before a Commission under the Environment Protection (Impact of Proposals) Act 1974. Section 3 allows a person appearing as a witness before a Commission to be represented by counsel, a solicitor, or an agent with the Commission's leave. Similarly, Section 4 permits a witness, again with the leave of the Commission, to cross-examine other witnesses. Section 5 outlines that procedural questions before a Commission with more than one Commissioner are decided by the majority opinion, or by the opinion of the presiding Commissioner if the votes are evenly split. These sections ensure that witnesses have the necessary legal and procedural support to participate fully in the inquiry process. The Act imposes several obligations on the parties involved in the inquiry process. For instance, witnesses summoned under Section 15 of the Act must attend the inquiry and provide evidence as required (Regulation 6). Additionally, the Commission is tasked with deciding on the admissibility of legal representation and cross-examination (Regulations 3 and 4). The Act also mandates that witnesses be paid appropriate allowances for their time and expenses (Regulation 7). These obligations ensure that the inquiry process is fair, orderly, and that witnesses are appropriately compensated for their participation. Failure to comply with the obligations or provisions of the Act can result in legal consequences. For instance, refusing to attend an inquiry or provide evidence when summoned can be seen as non-compliance with the Act's requirements. While the specific penalties are not detailed in the provided text, non-compliance with summons or failure to provide required evidence could potentially lead to civil or criminal consequences under broader legislative frameworks. Furthermore, improper behaviour or interference with the inquiry process could also lead to disciplinary actions or further legal repercussions.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.