Agriculture Appeals Act 2001

F24[Oral hearing

14C

14C.(1) The Forestry Appeals Committee shall determine an appeal without an oral hearing unless, having regard to the particular circumstances of the appeal, it considers that it is necessary to conduct an oral hearing in order to properly and fairly determine the appeal.

(2) The Forestry Appeals Committee may make such rules in relation to the conduct of oral hearings as it considers appropriate and shall publish those rules on a website maintained by or on behalf of the Committee.

(3) The chairperson or a deputy chairperson of the Forestry Appeals Committee shall have discretion as to the conduct of an oral hearing under this section and shall conduct the hearing expeditiously and without undue formality.

(4) The Forestry Appeals Committee may, by notice in writing, require a person to attend an oral hearing, at such time and place as is specified in the notice, to give evidence in respect of any matter in issue in an appeal or to produce any relevant documents within his or her possession or control, or within his or her procurement.

(5) The Forestry Appeals Committee may, for the purposes of an oral hearing, take evidence on oath or on affirmation and may for that purpose cause a person to swear an oath or make an affirmation.

(6) A person required to attend under subsection (4) may be examined and cross-examined at the oral hearing.

(7) The Forestry Appeals Committee may consider and determine an appeal notwithstanding the failure of a person to attend an oral hearing to give evidence or be examined in relation to the appeal.

(8) The chairperson or a deputy chairperson of the Forestry Appeals Committee may limit the time within which each party to an appeal may make submissions at an oral hearing.]

Annotations

Amendments:

F24

Inserted (6.10.2020) by Forestry (Miscellaneous Provisions) Act 2020 (15/2020), s. 4, S.I. No. 412 of 2020, subject to transitional provisions in s. 6(2)(a).