Gunns Pulp Mill Proposal - Assessment Process
Stage 3 - Public Hearing - the Draft Integrated Impact Statement
Information about the hearing process where the Commission determines that a hearing is to be held
Contents
Nature of the hearing
- A hearing held by the Commission is subject to the Resource Planning and Development 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 expert witnesses questions and seek out information that will assist it undertake the assessment and make the recommendation to the Minister. Parties are not precluded from being questioned by other parties, or in the case of experts, cross-examined. The Panel Chairperson may disallow questions that are irrelevant or inappropriate.
What happens before the hearing?
- The Panel will hold a short hearing before any submissions are heard 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 the expert witnesses it requires to attend the hearing.
- It is anticipated that the hearing proper will commence in Tasmania at the [venue – to be advised] commencing [day][month]. Launceston has been identified as the location for the hearing as the Gunns’ pulp mill proposal directly impacts on the George Town, West Tamar and Greater Launceston municipalities. Other locations for the hearing may be considered at the Directions Hearing.
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 the Commission’s web site: www.rpdc.tas.gov.au.
- 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 submissions.
- 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 will require representors and expert witnesses to give evidence on oath or affirmation.
- Representors and witnesses should:
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- refer to the main arguments in their oral submission. 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.
- The Panel Members may address questions to representors and other witnesses.
- Representors may ask questions of other representors and witnesses on points of clarification with the leave of the Panel. It should be noted that this is not an opportunity to make comments or statements. Expert witnesses may be cross-examined with the leave of the Panel.
Written information provided at the hearing
- A copy of all written (typed) representations, proofs of evidence by expert witnesses, and reports referred to should be given to each Panel Member, with at least an additional 7 copies.
- Where possible authors of reports referred to in submissions should be present at the hearing to verify the contents of the report.
Will the hearing be recorded?
- The Commission usually records the hearing to assist the Panel Members. Transcripts are not 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 Resource Planning and Development 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.
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