AustLII Tasmanian Consolidated Acts

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FOREST PRACTICES ACT 1985 - SECT 42

Appeal to Tribunal by person aggrieved by notice served under section 41(2)

(1)  A person who is aggrieved by a notice served on him or her under section 41 (2) may, within 2 days after the date of service of that notice on him or her, appeal to the Tribunal.
(2)  An appeal under subsection (1) shall be instituted by giving written notice to the registrar or in such other manner as may be prescribed.
(3)  Where an appeal is brought under this section in respect of a notice, the notice shall not take effect until the determination or abandonment of the appeal or until such other date as the Tribunal may determine.
(4)  At the hearing of an appeal under this section, the Tribunal may confirm, modify, or cancel the notice referred to in section 41 (2) .
(5)  A person referred to in subsection (1) who fails to comply with a notice as modified or confirmed by the Tribunal is guilty of an offence and is liable on summary conviction to a fine not exceeding 100 penalty units.
(5A)  .  .  .  .  .  .  .  .  
(6)  Where a person referred to in subsection (1) fails to comply with a notice under section 41 (2) , as modified or confirmed by the Tribunal, the chief forest practices officer may request any person to do either or both of the following:
(a) repair the damage referred to in section 41 (2) (b) ;
(b) carry out the works or take the action specified in the notice.
(7)  A person who complies with a request under subsection (6) may, for that purpose, enter and remain on the land to which the notice referred to in that subsection relates.
(8)  The costs and expenses incurred by a person in repairing any damage or carrying out any work or taking any action in compliance with a request made to that person by the chief forest practices officer under subsection (6) may be recovered in a court of competent jurisdiction as a debt due to that person from the person who failed to comply with the notice referred to in that subsection.



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