AustLII Tasmanian Consolidated Acts

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FOREST PRACTICES ACT 1985 - SECT 25

25. Appeal in respect of forest practices plan

(1) A person who applied to the Authority under section 18 for the certification of a forest practices plan and who is aggrieved by–

(a) the refusal of the Authority to certify the plan;

(b) the amendments made to the plan by the Authority pursuant to section 19(1)(c);

(c) the variation of the provisions of the plan by the Authority pursuant to section 22; or

(d) the refusal of the Authority to grant the person's application for the variation of the provisions of the plan; or

(e) the revocation of the plan by the Authority pursuant to section 24A

may appeal to the Tribunal.
(2) An appeal under this section shall be instituted by giving written notice to the registrar within a period of 14 days after –

(a) the service of a notice on the appellant under section 19(3), in the case of an appeal against the refusal to certify a forest practices plan or the amendments made to the plan by the Authority;

(b) the service of a notice on the appellant under section 22(3), in the case of an appeal against the variation of the provisions of a certified forest practices plan by the Authority; or

(c) the service of a notice on the appellant under section 24(2), in the case of an appeal against the refusal of the Authority to grant an application for the variation of the provisions of a certified forest practices plan; or

(d) the service of a notice on the appellant under section 24A(3) in the case of an appeal against the revocation by the Authority of a certified forest practices plan.

(3) Where an appeal is brought under this section in respect of the variation of the provisions of a certified forest practices plan made by the Authority pursuant to section 22, the variation shall not have effect until the determination or withdrawal of the appeal or until such other date as the Tribunal may determine.
(3A) Where an appeal is brought under this section in respect of the revocation of a certified forest practices plan pursuant to section 24A, the revocation does not take effect until the determination or withdrawal of the appeal or until such other date as the Tribunal may determine.
(4) In the determination of an appeal under this section, the Tribunal, unless it dismisses the appeal, may quash the decision of the Authority and direct the Authority to take such action as it considers necessary.



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