276Appeal to Appeal Tribunal

276 Appeal to Appeal Tribunal

(1)  An interested person may appeal to the Appeal Tribunal against a decision to which this Division applies within 14 days after service of the relevant notice in respect of the decision.

(2)  An interested person who has made an application under Division 1 for a review of a decision may, if this Division also applies to the decision, appeal to the Appeal Tribunal against a determination under section 273(1) within 14 days after the date of service of the notice under section 273(2) .

(3)  [Section 276 Subsection (3) amended by No. 18 of 2021, s. 349, Applied:05 Nov 2021] The Appeal Tribunal must hear and determine the appeal under the Tasmanian Civil and Administrative Tribunal Act 2020 .

(4)  [Section 276 Subsection (4) amended by No. 33 of 2015, s. 32, Applied:01 Jan 2016] [Section 276 Subsection (4) inserted by No. 6 of 2007, s. 35, Applied:16 Jul 2007] [Section 276 Subsection (4) substituted by No. 36 of 2023, s. 21, Applied:11 Dec 2023] However, an appeal under subsection (1) or (2) in respect of –

(a) the determination under section 156 of an application for a Division 3 permit, the issue under section 164ZC of a dam operating notice, or both those matters in combination; or

(b) a decision to make, or refuse to make, a delegation under section 226D(1) ; or

(c) a decision to vary a term or condition of a delegation, or to revoke a delegation, under section 226G ; or

(d) a decision to revoke a delegation under section 226H  –

may only be instituted, heard and determined on the grounds that the process by which the decision or determination appealed against was procedurally incorrect or unfair, having regard to the requirements of this Act or natural justice, and may not be instituted, heard or determined on the grounds that any technical information taken into account in making the decision or determination, or any technical finding made in reaching the decision or determination, was incorrect as a matter of fact.