62Determination of appeals

### 62 Determination of appeals > > (1)  [*\[Section 62 Subsection (1) amended by No. 18 of 2021, s. 228, Applied:05 Nov 2021\]*](/view/html/inforce/2021-11-05/act-2021-018#GS228@EN) *\[Section 62 Subsection (1) amended by No. 104 of 1995, s. 25 \]*After hearing an appeal, the Appeal Tribunal may, in addition to its powers under the [Tasmanian Civil and Administrative Tribunal Act 2020](/view/html/inforce/2026-04-12/act-2020-024)  – > > > > > > (a) .  .  .  .  .  .  .  .   > > > > > > > (b) direct that additional information be supplied or that the authority proceed on the basis that the information was supplied; or > > > > > > > (c) in the case of an appeal against a grant of a permit, a refusal to grant a permit or a grant of a permit subject to conditions or restrictions– > > > > > > > > > > (i) direct the planning authority to grant the permit; or > > > > > > > > > > > (ii) direct the planning authority to grant the permit and direct the planning authority that the permit must or must not contain any specified conditions; or > > > > > > > > > > > (iii) [*\[Section 62 Subsection (1) amended by No. 84 of 1997, Applied:01 Jan 1998\]*](/view/html/inforce/1998-01-01/act-1997-084#AT@EN) direct the planning authority not to grant a permit; or > > > > > > > (d) [*\[Section 62 Subsection (1) amended by No. 84 of 1997, s. 24, Applied:01 Jan 1998\]*](/view/html/inforce/1998-01-01/act-1997-084#GS24@Hpb@EN) in the case of an appeal against the amendment of a permit – > > > > > > > > > > (i) direct the planning authority not to amend the permit; or > > > > > > > > > > > (ii) [*\[Section 62 Subsection (1) amended by No. 59 of 2013, s. 29, Applied:03 Jul 2014\]*](/view/html/inforce/2014-07-03/act-2013-059#GS29@Hpa@EN) [*\[Section 62 Subsection (1) amended by No. 24 of 2014, s. 46, Applied:01 Jan 2015\]*](/view/html/inforce/2015-01-01/act-2014-024#GS46@EN) [*\[Section 62 Subsection (1) amended by No. 59 of 2013, s. 29, Applied:01 Feb 2015\]*](/view/html/inforce/2015-02-01/act-2013-059#GS29@Hpb@EN) having regard to the matters specified in [section 43K(2)](#GS43K@Gs2@EN) or [section 56(2)](#GS56@Gs2@EN) , as the case may be, direct the planning authority to amend the permit in the manner specified by the Appeal Tribunal; or > > > > > > > (e) [*\[Section 62 Subsection (1) amended by No. 59 of 2013, s. 29, Applied:01 Feb 2015\]*](/view/html/inforce/2015-02-01/act-2013-059#GS29@Hpc@EN) in the case of an appeal against the cancellation of a permit – > > > > > > > > > > (i) direct the planning authority not to cancel the permit; or > > > > > > > > > > > (ii) direct the planning authority not to cancel the permit and to impose or vary specified conditions on the permit. > > > (2)  Where the Appeal Tribunal has determined an appeal, an application for a permit in respect of a use or development which is substantially the same as the use or development to which the appeal related may not, without the leave of the Appeal Tribunal, be made within a period of 2 years from the date on which the Appeal Tribunal made its decision. > > > (3)  [*\[Section 62 Subsection (3) amended by No. 47 of 2015, s. 27, Applied:17 Dec 2015\]*](/view/html/inforce/2015-12-17/act-2015-047#GS27@Hpa@EN) [*\[Section 62 Subsection (3) inserted by No. 26 of 2007, s. 23, Applied:01 Aug 2007\]*](/view/html/inforce/2007-08-01/act-2007-026#GS23@EN) The Appeal Tribunal must determine an appeal in accordance with the planning scheme that was in effect at the time the planning authority determined the application for a permit. > > > (3A)  [*\[Section 62 Subsection (3A) inserted by No. 7 of 2021, s. 21, Applied:14 Jul 2021\]*](/view/html/inforce/2021-07-14/act-2021-007#GS21@EN) Despite [subsection (3)](#GS62@Gs3@EN) , if – > > > > > > (a) an appeal is made to the Appeal Tribunal in relation to a determination by a planning authority of an application for a permit in relation to land; and > > > > > > > (b) in accordance with [section 51](#GS51@EN) , the planning authority was required to make its decision in relation to the application in accordance with the provisions, of a planning scheme, as they would be in effect – > > > > the Appeal Tribunal must determine the appeal in accordance with the provisions, of the planning scheme, that are the provisions in accordance with which, under [section 51](#GS51@EN) , the planning authority was required to make its decision in relation to the application. > > > (4)  [*\[Section 62 Subsection (4) inserted by No. 26 of 2007, s. 23, Applied:01 Aug 2007\]*](/view/html/inforce/2007-08-01/act-2007-026#GS23@EN) In determining an appeal in accordance with [subsection (3)](#GS62@Gs3@EN) , the Appeal Tribunal has the same obligations as a planning authority at the time the planning authority determined the application for the permit. > > > (5)  [*\[Section 62 Subsection (5) inserted by No. 47 of 2015, s. 27, Applied:17 Dec 2015\]*](/view/html/inforce/2015-12-17/act-2015-047#GS27@Hpb@EN) If a permit is, by or pursuant to a determination of the Appeal Tribunal, granted, or amended, by the Appeal Tribunal or a planning authority, in accordance with a provision of a planning scheme, that – > > > > > > (a) was in effect at the time (***the relevant time***) the planning authority determined the application for a permit to which the determination relates; but > > > > > > > (b) has been replaced, or amended, by another provision (***the subsequent provision***) after the relevant time and before the time the Appeal Tribunal or planning authority makes or amends the permit in accordance with the determination – > > > > then the permit has effect as if the planning scheme that was in effect at the time the planning authority determined the application for a permit remained in effect, and section 12 applies in relation to a use to which the permit relates as if the land to which the permit relates were being lawfully used for the purposes of that use immediately before the subsequent provision came into effect.