Minerals Development Act 2017

Oral hearing before making rehabilitation acquisition order

147. (1) If the Minister is required to consider one or more objections in accordance with section 146 (3), the Minister may, if he or she considers it necessary that an oral hearing be held concerning one or more of those objections, appoint a suitably qualified person (referred to in this section as the “hearing officer”) to conduct such a hearing and to provide recommendations to the Minister.

(2) The hearing officer shall—

(a) conduct an oral hearing for the purpose of evaluating the objections referred to the officer by the Minister, and

(b) based on such hearing, provide written recommendations to the Minister within 75 days after the day of his or her appointment or such longer period as the Minister may specify.

(3) Any person claiming an estate or interest in the land affected by the proposed rehabilitation acquisition order is entitled to appear, be heard and adduce evidence at the oral hearing and may do so personally or by counsel or solicitor.

(4) The Minister shall decide whether to make the rehabilitation acquisition order within 14 days after the day he or she receives the recommendations of the hearing officer or such longer period as the Minister may specify in a notice to the persons who made the objections considered by the officer.