Resource Management and Planning Appeal Tribunal Regulations 2004

Resource Management and Planning Appeal Tribunal Regulations 2004

I, the Administrator in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Resource Management and Planning Appeal Tribunal Act 1993 .

13 December 2004

PETER G. UNDERWOOD

Administrator

By His Excellency's Command,

JUDY JACKSON

Minister for Environment and Planning

1.   Short title

These regulations may be cited as the Resource Management and Planning Appeal Tribunal Regulations 2004 .

2.   Commencement

These regulations take effect on 1 January 2005.

3.   Interpretation

In these regulations –

Act means the Resource Management and Planning Appeal Tribunal Act 1993 .

4.   Chairperson to give notice of hearing

(1)  The chairperson is to cause a notice of the hearing of an appeal to be published in a daily newspaper circulating in the State.

(2)  The notice is to contain details of –

(a) the time, date and place of the hearing; and

(b) the subject of the appeal.

5.   Service of notices or other documents

A notice or other document is effectively served under the Act if –

(a) in the case of a natural person, it is –

(i) given to the person; or

(ii) left at, or sent by post to, the person's postal or residential address or place or address of business or employment last known to the server of the notice or other document; or

(iii) faxed to the person's fax number; or

(iv) emailed to the person's email address; and

(b) in the case of any other person, it is –

(i) left at, or sent by post to, the person's principal or registered office or principal place of business; or

(ii) faxed to the person's fax number; or

(iii) emailed to the person's email address.

6.   Fee for appeal to Appeal Tribunal

(1)  The fee for instituting an appeal to the Appeal Tribunal under section 13(1) of the Act is 50 fee units.

(2)  The fee must be paid to the Appeal Tribunal when the appeal in respect of which the fee is payable is lodged.

(3)  If the chairperson is of the opinion that paying a fee may cause a person financial hardship, the chairperson may –

(a) waive the fee; or

(b) reduce the fee; or

(c) refund the whole or any part of the fee already paid.

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 22 December 2004

These regulations are administered in the Department of Primary Industries, Water and Environment.

EXPLANATORY NOTE

(This note is not part of the regulation)

These regulations replace the Resource Management and Planning Appeal Tribunal Regulations 1993 ; they –

(a) provide for notice of hearings; and

(b) provide for the service of documents; and

(c) prescribe the fee for instituting an appeal.