33Appeal Tribunal to determine application

33 Appeal Tribunal to determine application

(1)  The Appeal Tribunal must decide an application by –

(a) dismissing the application; or

(b) making one or more orders under this section in relation to the application.

(2)  The Appeal Tribunal may make the orders in relation to an application that it considers appropriate to –

(a) ensure that a part of a plant does not overhang another person's land; or

(b) prevent, or reduce the likelihood of, serious injury being caused to a person by a plant; or

(c) prevent, restrain, or reduce the likelihood of, serious damage being caused by a plant to a person's land or any property on a person's land; or

(d) prevent, or reduce the likelihood of, substantial, ongoing and unreasonable interference with a person's use and enjoyment of a person's land being caused by a plant; or

(e) remedy damage caused to a person's land, or any property on a person's land, by a plant.

(3)  The Appeal Tribunal may make any one or more of the following orders in relation to an application:

(a) an order that the determination of the application is to be deferred until an application for a permit under the Land Use Planning and Approvals Act 1993 is made or determined, or both, in relation to a plant or until any appeal to the Appeal Tribunal under that Act is determined;

(b) an order that, despite section 61(5) of the Land Use Planning and Approvals Act 1993 , the owner of land on which a plant is situated in whole or in part may, within the period specified in the order, appeal under that section against a decision in respect of an application for a permit that relates to a plant on the land;

(c) an order that a permit under the Land Use Planning and Approvals Act 1993 that relates to a plant is to be amended as specified in the order.

(4)  The Appeal Tribunal may, if it is satisfied that a plant is causing an immediate risk of injury to persons or property, make an interim order under or in relation to the plant, pending a subsequent determination of the application under this section.