AustLII Tasmanian Consolidated Acts

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FOREST PRACTICES ACT 1985 - SECT 9

9. Appeal in respect of application under section 5

(1) Where a person who made an application under section 5 is aggrieved by the refusal of the Authority to grant the person's application, he or she may appeal to the Tribunal.
(2) Where an application made under section 5 is granted by the Authority, a person who lodged an objection under section 7 in respect of that application may appeal to the Tribunal.
(3) An appeal under this section shall be instituted by giving written notice to the registrar within a period of 14 days after –

(a) in the case of an appeal against the refusal to grant an application made under section 5, the service of a notice under section 8(4); or

(b) in the case of an appeal against the granting of an application made under section 5, the service of a notice under section 8(5).

(4) Where a person who made an application under section 5 appeals to the Tribunal the registrar shall, within 7 days of the appeal being lodged –

(a) serve a copy of the notice of appeal on each person who lodged an objection under section 7 in respect of the application; and

(b) publish an advertisement containing a copy of the notice of appeal in a daily newspaper circulating in the area in which the land to which the application relates is located.

(5) Where a person who made an application under section 5 appeals to the Tribunal, any person who lodged an objection under section 7 in respect of that application may intervene in the appeal by giving written notice to the registrar within 7 days of the date on which the advertisement referred to in subsection (4)(b) was published and shall, on intervening, be a party to the appeal.
(6) 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 with respect to the application.



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