Australian Capital Territory Numbered Regulations

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PLANNING AND DEVELOPMENT REGULATION 2008 (NO 2 OF 2008) - REG 77

General procedure for inquiry panels

    (1)     In this section:

"interested person", for an inquiry in relation to an EIS, means each of the following:

        (a)     the proponent of the development proposal to which the EIS relates;

        (b)     an owner or prospective owner of land located near the land to which the EIS relates;

        (c)     anyone who made a representation about the EIS under the Act, section 219 (Representations about draft EIS);

        (d)     anyone else who has, in the inquiry panel's opinion, a proper interest in the inquiry.

    (2)     An inquiry panel—

        (a)     must conduct the inquiry as informally as practicable; and

        (b)     is not bound by the rules of evidence, and may inform itself—

              (i)         in any way it considers appropriate; and

              (ii)         without notice to any person who has made a submission to the inquiry; and

        (c)     may consider submissions by an interested person without hearing the person who made the submission if the person is not present or represented at the time the inquiry is considering the submission; and

        (d)     may refuse to hear anyone who has failed to comply with a direction given by the presiding member of the panel; and

Note     Fail includes refuse (see Legislation Act, dict, pt 1).

        (e)     subject to this part, may otherwise decide its own procedures.

    (3)     The presiding member of an inquiry panel may, in writing, request a person to produce to the panel documents relating to an inquiry by the panel that it reasonably requires for the exercise of its functions.

    (4)     Unless otherwise required by an inquiry panel, an interested person may make a submission to the panel orally or in writing or partly orally and partly in writing.

    (5)     An interested person may appear and be heard by an inquiry panel in person or may be represented by another person.

    (6)     Meetings of an inquiry panel are to be held when and where the presiding member decides in consultation with the other members of the panel.



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