Marine Farming Planning Act 1995

The Panel may – hold a hearing in public; and determine the procedure at a hearing.

The Panel may hold one hearing in relation to as many representations as it determines.

The Panel is to – give notice in writing to each person who made a request under section 27(2)(c) or section 39(2)(c) of the date, time and place of the hearing not less than 14 days before the date of the hearing; and by public notice, advertise the date, time and place of the hearing.

A notice under subsection (1B)(a) is taken to have been given to a person – in the case of hand delivery, when delivered at the person's last known address; or if sent by prepaid post, on the fifth day after the date of posting to the person's last known address; or if sent by facsimile transmission to the person's last known facsimile number and the sending facsimile machine produces a print-out which records the time and date of the transmission – if completion is within ordinary business hours at the place to which the transmission is sent, at that recorded date and time; or if completion is outside ordinary business hours, at 9.00am on the next ordinary business day in that place.

At a hearing, the Panel – may inform itself about any matter in any way it considers appropriate; and may require a person to attend the hearing; and may receive oral or written evidence; and may consult with any persons it considers appropriate; and need not act in a formal manner; and is not bound by the rules of evidence.

The Panel may take evidence on oath or affirmation.

A person, without reasonable excuse, must not fail to – take an oath or make an affirmation; or answer any question; or attend a hearing. Fine not exceeding 10 penalty units.

It is a reasonable excuse under this section that any answer required to be given – may tend to incriminate the person or make the person liable to a penalty; or is information of a business, commercial or financial nature that may expose the person to competitive disadvantage.

Subsection (5) does not apply to information relating to the environmental impact of any matter.