Fisheries (Amendment) Act 1997

Oral hearings.

49

49.— (1) Subject to subsections (2) and (3), the Board of its own motion or at the request of a party, shall have an absolute discretion to hold an oral hearing of an appeal under this Chapter.

(2) An oral hearing may be conducted on behalf of the Board by one or more members of the Board, or other persons, authorised by the Board for that purpose.

(3) A request by a party for an oral hearing of an appeal—

( a) shall be made in writing to the Board and shall be accompanied by such fee, if any, as may be payable in respect of such request in accordance with regulations under section 63 ;

( b) if not accompanied by that fee, if any, shall not be considered by the Board;

( c) subject to paragraph (d), shall be made within the period of

one month referred to in section 40(1) ; or

( d) in the case where the party is not the appellant, shall be made within the period referred to in section 44(2) .

(4) The Board shall not consider a request for an oral hearing of an appeal received later than the time referred to in subsection (3)(c) or (d) for making a request.

(5) Where the Board is requested to hold an oral hearing of an appeal and decides to determine the appeal without an oral hearing, it shall serve notice of its decision on the person who requested the hearing, on each other party to the appeal and on each person who, in accordance with section 45 , made submissions or observations to the Board in relation to the appeal.