AustLII Tasmanian Consolidated Acts

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FOREST PRACTICES ACT 1985 - SECT 37

37. Procedure, &c., of Tribunal

(1) The Tribunal may be constituted at any time and at any place in Tasmania.
(2) The registrar shall notify all parties to the appeal of the time and place at which the appeal is to be heard.
(3) The chief chairperson of the Tribunal may, by notice in writing served on any person, summon that person to give evidence on the hearing of an appeal by the Tribunal or to produce documents or records in the person's possession or under the person's control at the hearing.
(4) Any person who, without reasonable excuse, fails to comply with a summons served on the person under subsection (3) is guilty of an offence and is liable on summary conviction to a fine not exceeding 5 penalty units.
(5) For the purposes of hearing and determining an appeal before it, the Tribunal may take evidence on oath or affirmation and, for those purposes, the chief chairperson of the Tribunal may administer an oath or affirmation.
(6) The Tribunal may join any person as a party to proceedings before the Tribunal.
(7) A party to proceedings before the Tribunal is, at those proceedings, entitled to tender evidence to the Tribunal and to examine any other person who tenders evidence in those proceedings.
(8) A party to proceedings before the Tribunal is not entitled to be represented by an Australian legal practitioner.
(9) In the hearing of an appeal before the Tribunal –

(a) the procedure of the Tribunal is, subject to this Part, within the discretion of the Tribunal;

(b) the Tribunal shall observe the rules of natural justice;

(c) the proceedings shall be conducted with as little formality and technicality, and with as much expedition, as a proper consideration of the matter before the Tribunal permits;

(d) the Tribunal may admit any relevant evidence notwithstanding that the evidence would not be admissible in a court of law;

(e) the Tribunal may inform itself on any matter as it thinks fit.

(10) The Tribunal may adjourn its proceedings from time to time or from place to place and may determine an appeal notwithstanding that the appellant has failed to appear before the Tribunal at the time and place fixed for the hearing.
(11) A decision of a majority of the members of the Tribunal shall be a decision of the Tribunal.
(12) The Tribunal, in making a determination under this Act is to –

(a) have regard to the financial effect of its determination on the parties to the appeal; and

(b) have regard to the obligations of the Forestry corporation under section 16 of the Forest Management Act 2013.

(13) The Tribunal may make such order as to costs as it thinks necessary.
(14) The Tribunal shall give its decision in respect of an appeal in such manner as it may determine.
(15) The registrar shall cause a copy of the Tribunal's decision in respect of an appeal to be served on each of the parties to the appeal within 7 days of its determination of the appeal.
(16) The Authority shall comply with any directions given to it by the Tribunal.
(17) The decision of the Tribunal in respect of an appeal under this Act is final.



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