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MINERAL RESOURCES DEVELOPMENT (SUSTAINABLE DEVELOPMENT) ACT 2006 (NO 63 OF 2006) - SECT 37

New Part 4A inserted

After Part 4 of the Principal Act insert

"PART 4A—ADVISORY PANELS

Division 1—Appointment of panels

        54A.     Appointment of advisory panels

The Minister may appoint a panel to consider and advise on any matter relating to exploration, mining, or     the administration of this Act, referred to the panel by the Minister.

        54B.     Composition of panel

    (1)     A panel may consist of one or more persons.

    (2)     In appointing a person to be a member of a panel, the Minister must be satisfied that the person has appropriate knowledge, skills or experience.

        54C.     Chairperson    

If a panel consists of more than one member, the Minister must appoint one of the members to be the chairperson.

        54D.     Terms of reference

On appointing a panel, the Minister must specify the terms of reference of the panel.

        54E.     Terms and conditions of appointment

    (1)     A member of a panel is appointed     for the term that is specified in the instrument of his or her appointment.

    (2)     A member of a panel, other than a member who is employed by or on behalf of the Crown, is entitled to receive any fees and allowances fixed by the Minister in the instrument of his or her appointment.

Division 2—Procedure of panels

        54F.     Procedure of panel

    (1)     A panel may call for and consider written submissions from any persons having an interest in the matter referred to it.

    (2)     A panel may hold a public hearing.

    (3)     If a panel holds a public hearing, it must give a reasonable opportunity to be heard by it to any person who has stated in a written submission that the person wishes to be heard with respect to that submission.

        54G.     Directions about hearings

    (1)     A panel may give directions about—

        (a)     the times and places of hearings; and

        (b)     matters preliminary to hearings; and

        (c)     the conduct of hearings.

    (2)     A panel may refuse to hear any person who fails to comply with a direction of the panel.

        54H.     Hearings to be in public

A panel must conduct its hearings in public unless any person making a submission objects to making the submission in public and the panel is satisfied that the submission is confidential in nature.

        54I.     Procedure for hearing submissions

    (1)     A person who has a right to be heard by a panel may—

        (a)     appear and be heard in person or be represented by any other person; and

        (b)     give submissions to a panel orally or in writing or partly orally and partly in writing.

    (2)     A panel may report and make recommendations on a submission without hearing the person who made the submission if the person is not present or represented at the time and place appointed for the hearing of the submission.

    (3)     A panel may consider 2 or more submissions together if the submissions concern the same or a related matter.

        54J.     Adjournment of hearings

A panel may from time to time adjourn a hearing to any times and places and for any purposes it thinks necessary or just in the circumstances.

        54K.     Panel may regulate its own proceedings

A panel may regulate its own proceedings.

        54L.     Panel may take into account any relevant matter

A panel may take into account any matter it thinks relevant in making its report and recommendations.

        54M.     Report of panel

    (1)     After considering a matter, including conducting hearings and considering submissions under this Part, the panel—

        (a)     must report to the Minister on the matter; and

        (b)     may make recommendations in relation to the matter.

    (2)     The report of the panel and any recommendations must be forwarded to the Minister—

        (a)     if a period is specified in the instrument of appointment for the forwarding of the report and any recommendations, within that period; or

        (b)     in any other case, within 60 days after the appointment of the panel.".



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