Waste Management Act, 1996
|
Conduct of oral hearing and written report thereon. |
44.—(1) (a) An oral hearing under section 42 shall be conducted by a person appointed for that purpose by the Agency. | |
(b) Subject to any regulations under subsection (4), the manner in which a hearing aforesaid is conducted shall be at the discretion of the person appointed under this subsection but it shall be the duty of that person to ensure that the hearing is conducted without undue formality. | ||
(2) The person appointed under subsection (1) may take evidence on oath at the oral hearing and for that purpose may administer oaths, and a person giving evidence at such a hearing shall be entitled to the same immunities and privileges as if he or she were a witness before the High Court. | ||
(3) The person appointed under subsection (1) shall make a written report on the hearing to the Agency and shall include in the report a recommendation relating to the grant of a waste licence or a revised waste licence, as the case may be (including the conditions to be attached to such a licence) or to the refusal of such a licence. | ||
(4) (a) The Minister may make regulations in relation to the conduct of an oral hearing under section 42 and the procedures at such a hearing. | ||
(b) Without prejudice to the generality of paragraph (a), regulations under this subsection shall provide for all of the following— | ||
(i) matters that may be raised at an oral hearing; | ||
(ii) the persons who may be heard at an oral hearing; | ||
(iii) enabling the person conducting an oral hearing to require any person to attend the hearing and give evidence in relation to any matter in question at the hearing; | ||
(iv) the publication or giving of notice of the holding of an oral hearing; | ||
(v) the alteration of the time and place of the holding of an oral hearing; | ||
(vi) the provision of submissions, plans, documents or other information and particulars to persons; | ||
(vii) the adjournment or re-opening of an oral hearing, and the publication or giving of notice regarding such an adjournment or re-opening; | ||
(viii) the replacement of a person appointed to conduct an oral hearing or the conduct of a new oral hearing; | ||
(ix) the withdrawal of a request for an oral hearing, and matters consequential thereon. |