26Attempts to resolve dispute to be made before hearing of application

26 Attempts to resolve dispute to be made before hearing of application

(1)  Before hearing an application, the Appeal Tribunal –

(a) must consider whether reasonable attempts to resolve the matter to which the application relates have been made by the parties; and

(b) if the Appeal Tribunal is not satisfied that reasonable attempts to resolve the matter to which the application relates have been made by the parties, may direct the parties to an application to attempt to resolve the matter to which the application relates.

(2)  For the purposes of determining whether reasonable attempts to resolve a matter have been made, the Appeal Tribunal may take into account –

(a) whether a request under section 19(1) has been made, or a branch removal notice under section 20(1) or a notice under section 22(1) has been given, in relation to the matter; and

(b) whether the owner of the land on which a plant is situated has refused to carry out work in relation to the plant because the owner reasonably believes that the work may affect –

(i) the health or structural stability of the plant; and

(ii) [Section 26 Subsection (2) amended by No. 29 of 2020, s. 5, Applied:17 Nov 2020] the safety of land or persons and property on the land; and

(c) [Section 26 Subsection (2) amended by No. 29 of 2020, s. 5, Applied:17 Nov 2020] any other matter that the Appeal Tribunal considers relevant.

(3)  [Section 26 Subsection (3) amended by No. 18 of 2021, s. 296, Applied:05 Nov 2021] In considering whether to issue a direction under subsection (1)(b) or Division 7 of Part 8 of the Tasmanian Civil and Administrative Tribunal Act 2020 , the Appeal Tribunal may take into account whether –