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TASMANIA
__________
RESOURCE MANAGEMENT AND
PLANNING APPEAL TRIBUNAL
AMENDMENT BILL 2004
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 22A inserted
22A. Power of Appeal Tribunal to dismiss if appeal
frivolous or vexatious
5. Section 28 substituted
28. Costs
6. Validation and doubts avoidance
[Bill 86]-VIII
2
RESOURCE MANAGEMENT AND
PLANNING APPEAL TRIBUNAL
AMENDMENT BILL 2004
(Brought in by the Minister for Environment and
Planning, the Honourable Judith Louise Jackson)
A BILL FOR
An Act to amend the Resource Management and
Planning Appeal Tribunal Act 1993
Be it enacted by His Excellency the Governor of Tasmania,
by and with the advice and consent of the Legislative
Council and House of Assembly, in Parliament assembled,
as follows:
Short title
1. This Act may be cited as the Resource Management and
Planning Appeal Tribunal Amendment Act 2004.
Commencement
2. This Act commences on the day on which this Act
receives the Royal Assent.
[Bill 86] 3
s. 3 No. Resource Management and Planning 2004
Appeal Tribunal Amendment
Principal Act
3. In this Act, the Resource Management and Planning
Appeal Tribunal Act 1993* is referred to as the Principal
Act.
Section 22A inserted
4. After section 22 of the Principal Act, the following
section is inserted in Part 5:
Power of Appeal Tribunal to dismiss if appeal
frivolous or vexatious
22A. The Appeal Tribunal is to dismiss an appeal if
it is satisfied that the appeal is frivolous or
vexatious.
Section 28 substituted
5. Section 28 of the Principal Act is repealed and the
following section is substituted:
Costs
28. (1) Each party to an appeal is to pay its own
costs.
(2) However, the Appeal Tribunal may order a
party to an appeal to pay all or part of the costs of
another party to the appeal if the Appeal Tribunal is
satisfied that it is fair and reasonable to do so.
(3) For the purposes of subsection (2), the
Appeal Tribunal may take into account any of the
following matters:
*No. 66 of 1993
4
2004 Resource Management and Planning No. s. 5
Appeal Tribunal Amendment
(a) whether the appeal appears to the
Appeal Tribunal to have been instituted
merely to delay or obstruct;
(b) whether in the Appeal Tribunal's
opinion a party has raised frivolous or
vexatious issues;
(c) the relative merits of the claims made by
each of the parties;
(d) whether in the Appeal Tribunal's
opinion a party has unnecessarily or
unreasonably prolonged the appeal or
increased the costs of it;
(e) whether a party has failed to comply
with a direction or order of the Appeal
Tribunal without reasonable excuse;
(f) whether a party has failed to comply
with any relevant law or planning
scheme;
(g) the nature, complexity and outcome of
the appeal;
(h) any other matter the Appeal Tribunal
considers relevant.
(4) If the Appeal Tribunal makes an order for
costs under subsection (2), it
(a) is to specify the time within which those
costs are to be paid; and
(b) may, by a further order, extend the time
if it considers it reasonable in the
circumstances.
5
s. 6 No. Resource Management and Planning 2004
Appeal Tribunal Amendment
(5) If the Appeal Tribunal makes an order for
costs before the end of any proceedings, it may
require that the order be complied with before it
continues with the proceedings.
(6) An order for costs under this section may
be registered in a court having jurisdiction for the
recovery of debts of the amount ordered to be paid by
or under the order.
(7) Proceedings for the enforcement of an
order for costs under this section may be taken as if
the order were a judgment of the court in which the
order is registered.
Validation and doubts avoidance
6. (1) In this section
"Appeal Tribunal" means the Resource
Management and Planning Appeal Tribunal
established under the Principal Act.
(2) For the avoidance of doubt
(a) any order for costs made by the Appeal
Tribunal before the commencement of this Act
is taken to have been validly made; and
(b) the Appeal Tribunal's power under section 28
of the Principal Act is exercisable in respect of
an appeal even if the appeal was instituted
before the commencement of this Act.
6 Government Printer, Tasmania