20Appeals to Appeal Tribunal

20 Appeals to Appeal Tribunal

(1)  In this section –

relevant use or development means –

(a) a use or development on land in the flood-prone area; or

(b) a use or development on land, outside the flood-prone area, which use or development –

(i) is likely to increase the likelihood, severity or duration of a flood occurring in the flood-prone area; or

(ii) may, if a flood occurs in the flood-prone area, increase –

(a) the potential risk of, or the potential scale of, loss of human life in the flood-prone area; or

(b) the potential risk of, or the potential scale of, injury to persons in the flood-prone area; or

(c) the potential risk of, or the potential scale of, damage to, or loss of property in, the flood-prone area.

(2)  Even though the Authority has not made under the Planning Act a representation in relation to a flood-significant planning application, the Authority may, by virtue of this subsection, appeal under section 61(5) of that Act to the Appeal Tribunal as if –

(a) the Authority had made a representation in relation to the application; and

(b) the notice given to the Authority under section 18(6) of this Act were a notice served on the Authority under section 57(7) of the Planning Act.

(3)  [Section 20 Subsection (3) amended by No. 18 of 2021, s. 234, Applied:05 Nov 2021] The provisions of the Tasmanian Civil and Administrative Tribunal Act 2020 apply in relation to an appeal made pursuant to subsection (2) as if the Authority had made a representation in relation to the flood-significant planning application to which the appeal relates.