Major Transport Projects Facilitation Act 2009
57Preliminary hearings
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57 Preliminary hearings
(1) The assessment committee must conduct a preliminary hearing so as to enable persons—
S. 57(1)(a) amended by No. 93/2009 s. 43(3).
(a) who have made properly made submissions in relation to the comprehensive impact statement to clarify any issues that they have raised in their submissions about the declared project; or
(b) to raise any procedural or preliminary matters in relation to the formal public hearing that will be conducted in relation to the comprehensive impact statement.
(2) The assessment committee may determine which persons who have made properly made submissions may attend the preliminary hearing.
S. 57(3) amended by No. 49/2013 s. 30(a).
(3) The preliminary hearing must—
S. 57(3)(a) amended by No. 49/2013 s. 30(b).
(a) be conducted in accordance with Division 2 of Part 8; and
S. 57(3)(b) amended by Nos 93/2009 s. 43(4), 49/2013 s. 30(b).
(b) be conducted in accordance with any direction given to the assessment committee by the Planning Minister under the terms of reference given to the committee under section 35(b); and
S. 57(3)(c) amended by No. 49/2013 s. 30(c).
(c) be concluded within 20 business days after the end of the public exhibition period.
(4) Without limiting the matters about which an assessment committee may give directions in the conduct of a preliminary hearing, an assessment committee may give directions to a project proponent—
(a) seeking clarification of any matters arising from the project proponent's comprehensive impact statement;
(b) requiring the project proponent to provide further information in relation to any or all of its impact assessments in relation to the declared project;
(c) requiring the project proponent to provide further information regarding any other aspect of the project proponent's comprehensive impact statement.
(5) An assessment committee must—
(a) make a record of a preliminary hearing conducted under this section; and
(b) prepare a written summary of the preliminary hearing that includes—
(i) a list of the names of the persons who participated in the hearing; and
(ii) a list of the issues raised at the hearing.
(6) An assessment committee must cause a written summary referred to in subsection (5) to be published on the Department's Internet site.