Decision Date: August 10, 2001

Panel: Alan Andison

Keywords: Waste Management Act; oral hearing; written hearing; preliminary matter

Paddy Goggins appealed a decision of the Assistant Regional Waste Manager to amend a pollution permit held by Weyerhaeuser. After receiving Mr. Goggins’ Notice of Appeal, the Board advised the parties that the appeal may proceed by way of written submissions, and provided the parties with an opportunity to respond to that proposal.

Mr. Goggins submitted that the hearing should be conducted by way of an oral hearing.

Weyerhaeuser did not disagree with conducting the hearing by way of written submissions.

The Assistant Regional Waste Manager also had no objection to conducting the hearing by way of written submissions.

The Board found its main consideration in determining whether to hold an oral or written hearing was whether the parties would be afforded the opportunity to present their cases in a full and fair manner. In this case, the Board was satisfied that evidence and submissions relating to this matter would be fully and fairly provided by way of written submissions.

The Board ordered that the appeal would be heard on the basis of written submissions.