AustLII Tasmanian Consolidated Acts

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THREATENED SPECIES PROTECTION ACT 1995 - SECT 14

14. Notification by Minister and right of appeal

      (1) In this section, "Tribunal" means the Resource Management and Planning Appeal Tribunal.

      (2) The Minister must, before making an order under section 13(5), give public notification of the proposed order.

      (3) During a period of 30 days after the public notification, a person may appeal to the Tribunal against the proposed order and the appeal is to be brought in accordance with the regulations.

      (4) For the purposes of this section –

(a) Part 5 of the Resource Management and Planning Appeal Tribunal Act 1993 extends to the appeal; and

(b) the Tribunal must reconsider all the material considered by SAC on which the recommendation for the proposed order was based; and

(c) SAC is entitled to be represented at the hearing –

but, subject to this subsection, the Tribunal may determine its own procedure.

      (5) On hearing the appeal, the Tribunal may uphold or dismiss the appeal.

      (6) If the appeal is upheld –

(a) the Tribunal must give public notification of that fact as soon as practicable; and

(b) on that notification, the order is taken to be disallowed and ceases to have effect –

but this subsection does not affect the validity of the order before disallowance.


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