Lauderdale Quay - Assessment Process

Stage 3

Contents
Draft Integrated Impact Statement
Public Exhibition of the Draft Integrated Impact Statement
Public Hearing - the Draft Integrated Impact Statement
Public Exhibition of the Draft Integrated Assessment Report
Public Hearing on the Draft Integrated Assessment Report

Draft Integrated Impact Statement

The Draft Integrated Impact Statement (IIS) will be prepared by Walker Corporation in accordance with the Final Guidelines published by Commission.

The IIS will address all issues identified in the Final Guidelines and will include:

A summary;
A description of the objectives of the proposal;
A description of the proposal;
An outline of the various approvals required for the project to proceed, including an outline of public consultation undertaken;
A description of the existing environment where it is relevant to the assessment of impacts;
Predictions of significant environmental, economic and social impacts of the proposal and alternatives (including the no-change option) and their consequences, direct and indirect, short and long term and cumulative, with an estimation of the amount of uncertainty involved;
Where a preferred alternative is nominated, an outline of the reasons for the choice of the proposal, demonstrating that it is preferable to the no-change option;
A program for minimising, ameliorating, managing and monitoring impacts; and a commitment to implement the program;
As far as practicable, responses to issues raised during public and agency review;
The names of study team members and their roles in the preparation of the IIS.

Public exhibition of Walker Corporation's Draft Integrated Impact Statement

Details of locations for public inspection of the Draft IIS will be provided closer to when Walker Corporation submits the Draft IIS for assessment.

Public Hearing - the Draft Integrated Impact Statement

The Assessment Panel has determined that a hearing will be held between 10 June and 3 July 2009 to assist it consider representations and the Draft IIS.

Notice of the hearing will be given by the Commission in State newspapers.

Information about the hearing process where the Commission determines that a hearing is to be held

Nature of the public hearing

A hearing held by the Commission is subject to the Tasmanian Planning Commission Act 1997 and will be conducted by the Panel appointed by the Commission as its delegate to hold hearings.
The Commission has the flexibility to determine the procedure of the hearing, which is usually conducted in an informal manner.
The hearing is for the benefit of the Commission. It enables the Commission to be better informed and gain further information about the Draft Integrated Impact Statement (Draft IIS).
The hearing also gives those who have made representations, at the invitation of the Commission, an opportunity to be heard and examined in an independent forum.
The hearing process is intended to be exploratory and constructive with adversarial behaviour minimised. The hearing is inquisitorial by nature, which means that the Panel can ask representors and witnesses questions and seek out information that will assist it to undertake the assessment and make the recommendation to the Minister. Witnesses are not precluded from being questioned by other parties in respect of matters adverse to the questioner’s interests. The Panel Chairperson may disallow questions that are irrelevant or inappropriate.

What happens before the public hearing?

The Panel will hold a short hearing on Tuesday, 19 May 2009 prior to the hearing proper so that preliminary matters may be decided. This is commonly called a ‘Directions Hearing’. A Directions Hearing is an administrative process to assist in the preparation and organisation of the hearing proper.
The Panel prepares a timetable for the hearing proper. A copy of the timetable will be sent to all people who are to be heard.
At the Directions Hearing the Panel will also indicate any additional expert witnesses it requires to attend the hearing.

Written information to be provided prior to the hearing

You may wish to put further submissions, in the form of reasons or arguments, but no further facts or expert opinion, to the hearing. In that event you do not need to provide any further document than the representation you have already made, and can make your presentation orally.
If on the other hand you wish to place evidence of facts, or expert opinion, before the Commission, you should provide a typed physical or emailed document setting out that material in full. Such a written document is called a ‘proof of evidence’.
The same requirement applies to any report you have referred to in your original submission and which you wish the Commission to accept as evidence.
Each proof of evidence should be provided to the Commission at least 21 days before the hearing. It will then be made available on the website for the information of the Commission and the other parties.
The author of each proof of evidence should be present at the hearing to verify the contents of the proof and enable questioning.
Where possible authors of reports referred to in submissions should be present at the hearing to verify the contents of the report.

Written representations are public documents

Any member of the public can inspect the written representations and any proofs of evidence from expert witnesses at the Commission’s office, and they are also available on this website.
If a submitter objects to making a submission in public and the Panel is satisfied that the submission is of a confidential nature, and the interest in confidentiality is greater than the interest in having the evidence taken in public, the Panel may take the evidence in private.

What happens at the hearing?

The Commission’s hearings are open to the public. Members of the public are encouraged to be present at the hearing and can attend at any time and observe the proceedings.
Representations can be consolidated by the Panel, particularly where a number of representors have raised the same or similar issues. If representations are consolidated, the representors would be invited to nominate a person to speak to the representations.
A party to the hearing may appear in person or be represented by some other person, and may call expert and other witnesses. However, the Panel may refuse to allow a party to the hearing to be represented if the Panel is satisfied that another party to the hearing would be significantly disadvantaged by that representation.

Procedure at the hearing

The procedure at the hearing is as follows:

Panel chairperson commences the hearing and introduces the Panel Members.
Proponent provides an overview of the proposal and a detailed response to the issues raised in the representations.
Departmental agencies and councils make presentations.
Community groups make presentations.
Individuals make presentations.
Closing response made by the Proponent.

Presentation to the Commission

Representors and witnesses are not required to stand while making their presentation.
The Panel may require representors and witnesses to give evidence on oath or affirmation.
Representors who are not giving evidence but are speaking to their prior representations should:

- refer in their oral submission to their main arguments. This should be as brief as possible, particularly if the matters have been covered in their written representation;
- make sure that the submission relates to the matters under discussion; and
- provide the Panel Members with copies of documents referred to in the submission.

The use of visual aids such as photographs and plans to highlight the main points may be permitted with the prior approval of the Panel.
Witnesses will not be expected to read out their evidence, but simply to verify that the contents of their proof of evidence are correct.
The Panel Members and other parties may address questions to representors and witnesses.

Will the hearing be recorded?

The Commission usually records the hearing to assist the Panel Members. Transcripts are not usually made. Other parties may record all or part of the hearing with the knowledge and consent of the Chairperson and on any conditions the Chairperson specifies.
Photographs and video recordings of the hearing are only allowed with the consent of the Panel Chairperson.

What happens after the hearing?

After the hearing the Panel considers the evidence and prepares a Draft Integrated Assessment Report (DIAR). The DIAR will be placed on public exhibition and comment invited. The Commission may require a hearing to consider submissions received on the DIAR.
After considering all submissions on the DIAR the Commission finalises and submits its report to the Minister. The State Policies and Projects Act 1993 requires the report to recommend whether or not the project should proceed, and if so, on what conditions.

False and misleading information

Section 17 of the Tasmanian Planning Commission Act 1997 provides:

1) A person must not –

(a) give to the Commission information, or documents, that the person knows to be false or misleading in a material particular; or

(b) at a hearing, give evidence, or produce a document, that the person knows to be false or misleading in a material particular.

Severe penalties apply to a proven breach of this section in Draft Integrated Assessment Report.

Public Exhibition of the Draft Integrated Assessment Report

The Draft Integrated Assessment Report, prepared by the Commission, will be placed on public exhibition for a minimum 28 days and public comment invited.

Notice of the exhibition of the Draft Integrated Assessment Report must be given - this is normally done through public notice in the State newspapers.

Interested persons and organisations will be invited to comment in writing on the Draft Assessment Report, in particular on the draft recommendations, draft conditions, permits and approvals.

Public Hearing on the Draft Integrated Assessment Report

The Commission may hold further public hearings in response to issues raised in submissions on the Draft Assessment Report.