23Application to Appeal Tribunal

23 Application to Appeal Tribunal

(1)  A person who is a landholder of affected land may apply to the Appeal Tribunal for an order under this Part.

(2)  An application is to be accompanied by the prescribed fee, if any.

(3)  The chairperson of the Appeal Tribunal may waive, reduce or refund all or part of the fee payable under subsection (2) by a person if the chairperson is satisfied that paying all or part of the fee may cause financial hardship to the person.

(4)  An application may only be made in relation to affected land by a landholder who is not an owner of the land if –

(a) the person has, in writing to the owner, requested the owner of the land to make an application; and

(b) the owner has refused to comply with the request within 42 days after the request was made.

(5)  An application –

(a) must be made in writing to the Appeal Tribunal; and

(b) [Section 23 Subsection (5) amended by No. 23 of 2021, s. 157, Applied:01 Jan 2022] must include information or evidence (which may be photographic evidence) sufficient to identify the affected land, the type, scale and height of the plant and the precise location on the affected land of the plant to which the application relates and a copy of the folio of the Register, under the Land Titles Act 1980 , for the affected land; and

(c) must set out in detail the grounds on which the applicant has made the application; and

(d) must state the general nature of the relief that the applicant seeks; and

(e) must set out the details of the persons or bodies whom the applicant intends to notify, under section 24(1) , in relation to the application; and

(f) where the relief sought, if granted, would be of a kind the carrying out of which would require the consent or approval of a government body, is to set out details of the type of consent or approval that would be required.