Hearing

The applicant and any submitters are entitled to be heard and to present evidence on the application to the EPA. 2349  However, if neither the applicant nor any submitters request a hearing the EPA may make a decision based on the written application and written submissions. 2350

A hearing must commence within 30 working days of the application being received or the closing date for submissions (whichever is the later). 2351  The applicant and any submitters must be given at least 10 working days notice of the commencement date, time and place of the hearing. 2352

The EPA must establish a hearing procedure which is “appropriate and fair in the circumstances”. It may permit cross-examination, or permit clarifying questions, or only allow members of the EPA to question any person. 2353

  1. Sections 60 and 61(8) Hazardous Substances and New Organisms Act 1996

  2. Section 60 Hazardous Substances and New Organisms Act 1996

  3. Section 59(1)(d) Hazardous Substances and New Organisms Act 1996

  4. Section 59(1)(e) Hazardous Substances and New Organisms Act 1996

  5. Section 61(7) Hazardous Substances and New Organisms Act 1996

Last updated at 12:22PM on February 25, 2015