Agricultural Practices (Disputes) Act 1995
Agricultural Practices (Disputes) Regulations 1996
Reprint 1: The regulations as at 10 October 2003
Guide for using this reprint
What the reprint includes
Endnotes, Compilation table, and Table of provisions that have not come into operation
1.Details about the original regulations are shown in the Compilation table in endnote 1, at the back of the reprint. The table also shows any previous reprint.
2.A table of provisions that have not come into operation, to be found in endnote 1a if it is needed, lists any provisions that would amend the text if they were to come into operation. The table refers to another endnote setting out the text of the amendments in full.
Notes amongst text (italicised and within square brackets)
Editorial notes show if something has been omitted under the Reprints Act 1984 s. 7(4) (because, although still technically part of the text, it no longer has any effect).
The text of anything omitted can be found in an earlier reprint (if there is one) or the regulations as published.
Reprint numbering and date
1.The reprint number (in the footer of each page of the document) shows how many times the regulations have been reprinted. For example, numbering a reprint as “Reprint 3” would mean that the reprint was the 3rd reprint since the regulations were published. Reprint numbering was implemented as from 1 January 2003.
2.The information in the reprint is current on the date shown as the date as at which the regulations are reprinted. That date is not the date when the reprint was published by the State Law Publisher and it is probably not the date when the most recent amendment had effect.
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Reprinted under the Reprints Act 1984 as |
at 10 October 2003 |
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Agricultural Practices (Disputes) Regulations 1996
CONTENTS
1.Citation1
2.Commencement1
3.Referring disputes to the Board1
4.Witness allowances2
5.Charges for transcripts of evidence3
6.Keeping of records3
7.Forms3
Schedule 1 — Forms4
Notes
Compilation table8
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Reprinted under the Reprints Act 1984 as |
at 10 October 2003 |
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Agricultural Practices (Disputes) Act 1995
Agricultural Practices (Disputes) Regulations 1996
These regulations may be cited as the Agricultural Practices (Disputes) Regulations 1996 1.
These regulations come into operation on the day on which the Agricultural Practices (Disputes) Act 1995 comes into operation 1.
3.Referring disputes to the Board
(1)For the purposes of clause 6(1)(b) of Schedule 1 to the Act, the fee to be paid on lodgement of a notice of referral is $100.
(2)The Registrar may, on the direction of the Chairperson, request the party who lodged a notice of referral to provide further particulars of the dispute the subject of the notice.
(3)If the Registrar makes a request under subregulation (2), the party who lodged the notice of referral must provide written particulars in accordance with the request.
(4)Without limiting the particulars that may be requested by the Registrar under subregulation (2), the Registrar may request particulars of all or any of the following —
(a)the nature of the agricultural operation concerned;
(b)the agricultural practice which is in dispute;
(c)the nature of the odour, noise, dust, smoke, fumes, fugitive light, spray drift or other prescribed nuisance that is alleged to emanate from the agricultural operation;
(d)the impact the odour, noise, dust, smoke, fumes, fugitive light, spray drift or other prescribed nuisance is alleged to have on the party affected; and
(e)the attempts that have been made to resolve the dispute;
(f)any time frames (both past and future) which are relevant to the dispute and its resolution;
(g)details of the background to the dispute; and
(h)the steps that the party who lodged the notice of referral considers could be taken to resolve the dispute or to reduce the problem that is the subject of the dispute.
(1)Where a witness appears in person in proceedings before the Board or a tribunal, the presiding member may make a determination that the witness be paid allowances in accordance with the
(2)For the purpose of enforcement, section 13(3) and (4) of the Act and clause 14 of Schedule 1 to the Act apply to a determination made under subregulation (1) as if it were a determination requiring the payment of costs.
5.Charges for transcripts of evidence
(1)The Board may from time to time determine the amount to be charged for the provision of copies of transcripts of evidence of proceedings before the Board or a tribunal.
(2)The amount determined by the Board under subregulation (1) must not exceed the cost to the Board of providing copies of transcripts of evidence.
Where the Registrar is required by the Act or these regulations to keep or record information, that information may be kept or recorded by means of a mechanical, electronic or other device, but the information must remain in the form in which it was originally kept or recorded and be capable of being reproduced at any time in written form.
(1)A certificate under section 8(6) of the Act is to be in the form of Form 1 of Schedule 1.
(2)A notice under section 8(8)(a) of the Act is to be in the form of Form 2 of Schedule 1.
FORM 1
[regulation 7(1)]
Agricultural Practices (Disputes) Act 1995 |
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CERTIFICATE OF DISPUTE |
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Dispute No.: |
Parties |
Referring party:
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Other party/parties:
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Date referred to Board |
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Particulars of dispute |
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Form 1/2
Form 1, page 2
Nature and current status |
Referred to mediation No / Yes® |
Date of referral: |
Status: (tick appropriate box) oMediation to commence on: .............................. oBeing mediated oMediation completed on: .............................. osuccessful ounsuccessful |
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Referred to: (tick appropriate box) o Tribunal o Board No / Yes® |
Date of referral: |
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Status: (tick appropriate box) oHearing to commence on: .............................. oBeing heard oHearing completed on: .............................. |
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Registrar |
Name: |
Date: |
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Signature: |
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FORM 2
[regulation 7(2)]
Agricultural Practices (Disputes) Act 1995 |
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NOTICE OF FILING OF CERTIFICATE OF DISPUTE |
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Dispute No.: |
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Person who filed Certificate |
Name: |
(Tick appropriate box) oReferring party oOther party |
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Forum in which Certificate filed |
Name of Court or tribunal: |
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Place: |
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Action or matter number: |
Date of filing |
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Signature |
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Date: |
Notes
1This is a reprint as at 10 October 2003 of the Agricultural Practices (Disputes) Regulations 1996. The following table contains information about these regulations and any reprint.
Citation |
Gazettal |
Commencement |
Agricultural Practices (Disputes) Regulations 1996 |
11 Jun 1996 p. 2428‑31 |
26 Jun 1996 (see r. 2 and Gazette 25 Jun 1996 p. 2901) |
Reprint 1: The Agricultural Practices (Disputes) Regulations 1996 as at 10 Oct 2003 |
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By Authority: JOHN A. STRIJK, Government Printer