Agricultural Practices (Disputes) Act 1995

Agricultural Practices (Disputes) Regulations 1996

These regulations were repealed by the Agricultural Practices (Disputes) Repeal Act 2011 s. 2 (No. 54 of 2011) as at 7 Dec 2011 (see note under s. 1).

 

 

Agricultural Practices (Disputes) Regulations 1996

Contents

1.Citation1

2.Commencement1

3.Referring disputes to the Board1

4.Witness allowances2

5.Charges for transcripts of evidence2

6.Keeping of records3

7.Forms3

Schedule 1 — Forms

Notes

Compilation table8

 

Agricultural Practices (Disputes) Act 1995

Agricultural Practices (Disputes) Regulations 1996

1.Citation

These regulations may be cited as the Agricultural Practices (Disputes) Regulations 1996 1.

2.Commencement

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.

4.Witness allowances

(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 Local Court Rules 1961, Order 37 rules 38 to 44, as if the Board or tribunal proceedings were a matter to which those rules apply.

(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.

6.Keeping of records

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.

7.Forms

(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.

 

Schedule 1 — Forms

FORM 1

[regulation 7(1)]

Agricultural Practices (Disputes) Act 1995

 

CERTIFICATE OF DISPUTE

 

Dispute No.:

 

Parties

Referring party:

 

Other party/parties:

 

 

 

 

 

Date referred to Board

 

 

Particulars

of dispute

 

 

 

 

 

 

 

 

 

 

 

Form 1/2

Form 1, page 2

Nature and current status
of dispute

Referred to mediation

No / Yes®

 

 

Date of referral:

Status: (tick appropriate box)

oMediation to commence on:

..............................

oBeing mediated

oMediation completed on:

..............................

osuccessful

ounsuccessful

Referred to:

(tick appropriate box)

o Tribunal

o Board

No / Yes®

 

 

 

 

Date of referral:

Status: (tick appropriate box)

oHearing to commence on:

..............................

oBeing heard

oHearing completed on:

..............................



Determinations made by Board
or tribunal

 

 

 

 

 

 

 

 

Registrar

Name:

Date:

 

Signature:

 

FORM 2

[regulation 7(2)]

Agricultural Practices (Disputes) Act 1995

 

NOTICE OF FILING OF

CERTIFICATE OF DISPUTE

 

 

Dispute No.:

 

 

Person who filed Certificate

Name:

(Tick appropriate box)

oReferring party

oOther party

 

Forum in which Certificate filed

Name of Court

or tribunal:

 

Place:

 

Action or matter number:

 

Date of filing

 

 

Signature

Date:

 

Notes

1This is a compilation of the Agricultural Practices (Disputes) Regulations 1996. The following table contains information about these regulations and any reprint.

Compilation table

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

These regulations were repealed by the Agricultural Practices (Disputes) Repeal Act 2011 s. 2 (No. 54 of 2011) as at 7 Dec 2011 (see note under s. 1)