48Appeal to Tribunal in relation to proposed work on public land

48 Appeal to Tribunal in relation to proposed work on public land

(1)  If an authority, on being given notice under section 47(2) , decides to –

(a) include, in the agreement under that subsection, conditions that the licensee considers unreasonable; or

(b) dispute that the licensee is entitled to carry out the proposed work –

the licensee may appeal to the Tribunal.

(2)  Subsection (1) does not apply if the authority is a Minister or a person or body to whom directions may be given by a Minister in respect of the matter in dispute.

(3)  [Section 48 Subsection (3) amended by No. 18 of 2021, s. 107, Applied:05 Nov 2021] Except as provided by subsection (4) , the Tribunal is to hear and determine the appeal in accordance with the Tasmanian Civil and Administrative Tribunal Act 2020 .

(4)  [Section 48 Subsection (4) substituted by No. 18 of 2021, s. 107, Applied:05 Nov 2021] Despite clause 7 of Part 8 of Schedule 2 to the Tasmanian Civil and Administrative Tribunal Act 2020 , the Tribunal must not, under that clause, allow any person other than the licensee and the responsible authority to be a party to the appeal.