Railways (Miscellaneous) Act, 1932

Public inquiries.

10.—(1) Whenever the Minister proposes to make an order under this Part of this Act or an application is made to the Minister for any such order, the Minister may, if he thinks proper so to do, cause a public inquiry in regard to the making of such order to be held under and in accordance with this section.

(2) Every public inquiry held under this section shall be held by such person and at such time and place as the Minister shall appoint, and the person holding such inquiry shall have power to take evidence on oath and for that purpose to administer oaths.

(3) All expenses incurred by the Minister in holding a public inquiry under this section shall, unless the Minister with the sanction of the Minister for Finance otherwise directs, be paid by the company owning the railway line in relation to which such inquiry is held, and the amount of such expenses shall be fixed by the Minister with the sanction of the Minister for Finance and when so fixed shall be recoverable by the Minister from such company.

(4) The person holding a public inquiry under this section may, if he thinks proper so to do, order the costs and expenses incurred by any person of appearing or being represented and adducing evidence at such inquiry to be paid by any other person who appeared or was represented at such inquiry.

(5) Whenever the person holding a public inquiry under this section orders the costs and expenses incurred by one person to be paid by another person, such costs and expenses shall be taxed and ascertained by a taxing-master of the High Court on the requisition of either the person to whom or the person by whom such costs and expenses were so ordered to be paid, and the amount of such costs and expenses when so taxed and ascertained shall be recoverable as a simple contract debt in any court of competent jurisdiction by the person to whom and from the person by whom such costs and expenses were so ordered to be paid.