Hearing Guidelines

Hearing Guidelines

If you wish to speak to your submission at the hearing or provide further information/evidence in support of your position, please read the following guidance:

What is the difference between “representation” and “evidence”?

Representation means to attend the hearing and talk to the Board of Inquiry about the comments you have made in your submission.

Evidence means provide factual information – for example a document which supports your position or a document which backs up something you are claiming. Evidence can come from an expert or a non-expert (lay) submitter.

A submitter can either provide evidence or make a representation or do both. Any party may make a representation to the Board before that party presents its evidence (if any).

The key point to note is if you want to present evidence, eg a document, you must give it to the EPA by 5 October. And they want 10 copies and an electronic version!

More on representations…

  • Your earlier submission will still be read and considered by the Board and you don’t have to re-circulate your submission again.
  • You do not need to provide anything in advance (unless you wish to provide evidence as well – see below).
  • You can provide more detail of your submission (but not new topics) in writing before the start of the hearing.
  • You may make your own representations, or you may choose to be represented by a lawyer or other agent

Some suggestions from the EPA on how to make your representation:

  • As the Board of Inquiry has already read your submission, you do not need to read this out.
  • You should highlight the main points of your  submission, and your  evidence (if provided) – representations should not repeat the written submission or the evidence.
  • At the hearing you will have a maximum of 30 minutes in length, unless you have the prior permission of the Board. (Note: 30 minutes is a long time to talk for.  We suggest that you prepare what you want to say carefully beforehand, and practice so you know how long you will take. Get feedback from others if you can so you can get your points across as effectively as possible)
  • You may respond to submissions made by others.

Key points to note

  • Evidence (expert and non-expert) must be provided in advance to the EPA by Friday 5 October 2012.
  • 10 hard copies and an electronic copy of “all representations” must be provided at the time the party appears at the hearing. ( this is from point 20 of the Hearing procedures documents, pg 12 but I am not sure what they mean!)
  • If you provide evidence, you will be required to be sworn in at the hearing.

Some further points re joint presentations and questioning

People with common interests are encouraged to present joint representations, where one person makes a presentation on behalf of several submitters

Submitters may also combine to appoint one person to cross-examine witnesses for them all.

Any party wanting to ask questions or points of clarification of lay submitters must seek permission from the Board to do so. Any questions or points of clarification permitted will be made through the chairperson of the Board at the hearing.

Evidence can be either expert or non-expert.

People who provide evidence (witnesses) can be cross examined at the hearing by other parties.

We will provide further guidance if requested further down the track

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