Marine Farming Planning Act 1995
98Determination of appeals
Start here
Get a plain-English read of 98
Turn the raw legal text into a practical explanation grounded in Marine Farming Planning Act 1995.
98 Determination of appeals
(1) [Section 98 Subsection (1) amended by No. 18 of 2021, s. 249, Applied:05 Nov 2021] The Appeal Tribunal is to hear and determine an appeal under this Division under the Tasmanian Civil and Administrative Tribunal Act 2020 .
(2) [Section 98 Subsection (2) amended by No. 18 of 2021, s. 249, Applied:05 Nov 2021] In addition to its powers under the Tasmanian Civil and Administrative Tribunal Act 2020 , the Appeal Tribunal may –
(a) direct that an amendment to a marine farming development plan be initiated; or
(b) direct that additional information be supplied; or
(c) in the case of an appeal against a refusal to renew a lease or renew a lease subject to conditions or restrictions, direct that –
(i) the lease be renewed; or
(ii) direct that the lease must or must not contain any specified conditions.
(3) If the Appeal Tribunal has determined an appeal, a person is not to make an application relating to a matter which is substantially the same as the matter to which the appeal related within a period of 2 years from the date on which the Appeal Tribunal made its decision unless –
(a) the Appeal Tribunal determines that the decision appealed against was not made on the merits of the case; or
(b) the Appeal Tribunal, at the request of the person, grants leave to make an application within that period.