General Division

Resource and Planning Stream

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Table of Types of Applications

Name of Legislation and Section of the Act

Type of decision

Who is the decision maker/respondent

Which form to use and any special requirements

Abandoned Lands Act 1973

Rejection of a claim for compensation under Section 11 (Section 11(6))

Minister

General Review Form

Agricultural and Veterinary Chemicals (Control of Use) Act 1995

Review of any of the decisions under Section 57(1).

Registrar, Secretary or an inspector

General Review Form

Note:  The 14 day appeal period runs from the date of receipt of the decision.

Biosecurity Act 2019

Application for order to comply with biosecurity undertaking (Section 207)

Appeal related to accreditation authorities (Section 257).

Appeal relating to biosecurity matters (Section 258)

Appeal relating to permits (Section 259)

Appeal relating to biosecurity regulations (Section 260)

Appeal relating to accreditations (Section 261)

Appeal relating to cost recovery orders (Section 262)

Appeal relating to individual biosecurity directions (Section 263)

Appeal related to reimbursements (Section 264)

Secretary or Accreditation Authority

General Application Form (for Section 207)

General Review Form

Note: the appeal period for these appeals is 28 days from the day on which written notice is served on the person (Section 256).

Note:  Lodging an appeal does not stay the operation of an order or decision.  If you wish to stay the operation of an order or decision you must make that application with the review form.

Building Act 2016

Appeal under Part 19, Division 1 of the Building Act (Sections 276 – 282) please specify which section.

Application under Part 19, Division 2 of the Building Act (Sections 283-284) please specify which section.

Application under Part 5, Division 2, Section 65 of the Building Act (please choose the section that relates to the dispute Section 56-64)

Application under Part 6 of the Building Act (Section 88 or 89) please specify which section.

Director of Building Control; building surveyor; permit authority; prescribed person (the decision you want to appeal should specify who made the decision and that person is the respondent)

General Review Form (for appeals)

General Application Form (for applications)

Crown Lands Act 1976

Review decision of forfeiture of land to the Crown (Section 24(4))

Review decision of re-assessment of rent of Crown land for rural purposes (Section 32(3))

Review decision to fix an amount in price for leasing land regarding improvements (Section 35(3))

Review decision for compensation for improvement on or to land (Section 39(4))

Review of notice declaring extinguishment under Section 28(2) (Section 67(1)(a))

Review of cancellation of lease under Section 36(b) (Section 67(1)(b))

Minister

General Review Form

Crown Lands (Shack Sites) Act 1997

Review of hardship decision (Section 17A)

Review of assessment of land value (Section 27)

Minister

Valuer-General

General Review Form

Environmental Management and Pollution Control Act 1994

Appeal an inclusion of trade secret information on a register (Section 23)

Appeal an assessment of activities which do not require a permit (Section 27)

Appeal the Board’s requirement to undertake an environmental audit (Section 30)

Appeal the Board’s requirement to lodge a financial assurance to secure compliance with the EMPC Act (Section 35)

Appeal the Board’s claim on financial assurance (Section 36)

Appeal an Environmental Improvement Programme (Section 41)

Appeal a decision in relation to an Environmental Licence (Section 42ZI or Section 42 ZJ)

Appeal the Director’s requirement for information (Section 43)

Appeal an Environmental Protection Notice (Section 44)

Appeal a Notice under Part 5A, Division 3 (Section 74O)

Civil proceedings application (Section 48)

Environmental Protection Authority or a Council

Environmental Protection Authority

Environmental Protection Authority

Environmental Protection Authority

Environmental Protection Authority

Environmental Protection Authority

Director of the EPA or the Environmental Protection Authority (only EPA for Section 42ZJ)

Director of the EPA

Director of the EPA or the Environmental Protection Authority or a Council

Name of the person/s alleged to breach the Act

General Review Form for all appeals

General Application Form for Section 48 application See RPS Information Sheet 9

Fire Service Act 1979

Appeal about any requirement imposed on a person by any person exercising a power under the General Fire Regulations (Section 133A)

Appeal about any exercise of power under the General Fire Regulations in relation to premises (Section 282 Building Act)

Any person exercising powers under the General Fire Regulations (please provide the name of the person who exercised the power you want to appeal)

General Review Form

Forestry (Fair Contracts Code) Act 2001

Review of determination of whether a person is an interested party (Section 16(3)

Minister

General Review Form

Forest Practices Act 1985

Appeal of refusal to have land declared as private timber reserve (Section 9)

Appeal of revocation of private timber reserve by FPA (Section 13(2))

Appeal of refusal to grant revocation of private timber reserve (Section 14(7))

Appeal about a decision in respect of a forest practices plan (Section 25)

Appeal of a notice to provide a progress report on a forest practices plan (Section 25C)

Appeal of refusal to approve or to request variation to a 3 year plan (Section 29)

Appeal of a notice issued under Section 41(2) (Section 42)

Forest Practices Authority

General Review Form

Note: the appeal period is 14 days from the date of service of the notice for appeals under Section 9, 13, 14, 25 and 25C.

Note: the appeal period is 28 days from the date of the decision of the Authority for appeals under Section 29.

Note: the appeal period is 2 days after the date of service of the notice for appeals under Section 42.

Gas Industry Act 2019

Appeal a decision in relation to work on public land (Section 48)

Referral by the Minister to the Tribunal (Section 85)

An Authority

General Review Form

General Referral Form

Gas Safety Act 2019

Referral of an appeal to the Minister, to the Tribunal (Section 94(1))

 

General Referral Form

Historic Cultural Heritage Act 1995

Appeal about permanent entry in the Heritage Register (Section 27)

Appeal about removal from the Heritage Register (Section 27)

Civil Enforcement Application (Section 53)

Application for extension to stop work order (section 58)

Appeal a Notice issued under Section 60 (Section 61)

Heritage Council

Name of person/s alleged to have contravened a heritage agreement.

General Review Form (for all appeals)

General Application Form (for Section 53 and Section 58 Applications)

Please see RPS Information Sheet 9 for Section 53 applications.

Inland Fisheries Act 1995

Appeal about one of the decisions listed in Section 58 (Section 58)

Director of Inland Fisheries

General Review Form

Note: appeals under Section 58 may be filed within 28 days

Land Use Planning and Approvals Act 1993

Appeal a requirement for additional information under Section 54 (Section 61(3))

Appeal a refusal to grant a permit (Section 61(4))

Appeal the grant of a permit subject to conditions (Section 61(4))

Appeal the grant of a permit by a person who was a representor (Section 61(5))

Appeal the grant of a permit requiring that an agreement be entered into under Section 58A (Section 61(6))

Appeal – failure of Planning Authority to determine development application (Section 59(3))

Appeal an enforcement notice issued under Section 65C (Section 61(7))

Appeal cancellation of a permit under Section 65G (Section 61(8))

Civil Enforcement Application (Section 64)

Planning Authority

Name of person/s alleged to have breached a permit or planning scheme

General Review Form

Note: the appeal period for all appeals under LUPA Act is 14 days from the date of notification of the decision.  Please see RPS Information sheet 2

Please note: there are restrictions for making a Section 64 application under Section 64(1A).  

See RPS Information Sheet 9

Launceston Flood Risk Management Act 2015

Launceston Flood Authority may appeal a use or development approval in accordance with (Section 20)

Planning Authority

General Review Form

Living Marine Resources Management Act 1995

Appeal a decision to allocate part of a total allowable catch to a person under a management plan (Section 97)

Appeal once of the prescribed determinations if Part 2, Schedule 4 (Section 283)

Minister or Secretary

General Review Form

Please note an appeal under Section 97 may be made within 60 days after the decision is made.

Local Government Act 1993

Appeal a decision of a council to sell, lease, donate, exchange or otherwise dispose of public land (Section 178A)

Apply to review a decision of a council about a variation to a rate (Section 109)

Apply to review a refusal of Council to declare land as urban farm land (Section 113)

Apply to review a revocation by Council that a land is urban farm land (Section 114)

Apply to review a refusal to amend a rates notice or fails to amend a rates notice (Section 123)

Appeal an abatement notice (Section 200)

Appeal action taken by a General Manager to abate a nuisance (Section 202)

Apply to review a decision to refuse to correct a map (Section 209)

Council

General Review Form

Special Requirement: all appeals need to be filed within 14 days of the making of the decision.  
Except appeals with respect to

  • Section 178A that must be filed within 14 days after receipt of the notice of the decision and

Section 200 that requires appeals to be filed within 14 days after service of the notice.

Local Government (Highways) Act 1982

Review a decision to require an occupier of land to remove a tree/part of a tree (Section 39(7))

Review a refusal, revocation or approval with conditions to carry out works in relation to a highway (Section 46(7))

Review a decision to fix the amount of contribution for opening new streets (Section 114(4))

Corporation of a Municipality (a Council)

General Review From

Marine Farming Planning Act 1995

Appeal one of the decisions set out in Section 75 (Section 75)

Civil Enforcement Application (Section 111)

Minister

Name of person/s alleged to have contravened a marine farming development plan

General Review Form

General Application Form

See RPS Information Sheet 9

National Parks and Reserves Management Act 2002

Referral of a management plan for arbitration (Section 19(9))

Review of a determination of amount of compensation for lease cancellation (Section 53(4))

Director

Minister

General Referral Form

Please note:  A referral under Section 19(9) must occur within 60 days after agreement is sought from an owner of land

General Review Form (for Section 53(4) review)

Neighbourhood Disputes About Plants Act 2017

Application for orders

Application to Vary or Revoke an Order

Application to Search Database for Applications/Orders

 

Application – Neighbourhood Disputes About Plants Act 2017

Application to Vary or Revoke Order Neighbourhood Disputes

Application to Search Database for Applications/Orders under NDAP 2017

Public Health Act 1997

Appeal one of the decisions related to place of assembly licences set out in Section 161 (Section 161)

Appeal one of the decisions in relation to registration set out in Section 162 (Section 162)

Council

General Review Form

Please note:  An appeal under Section 161 or 162 must be made within 14 days after service of a notice.

Retirement Villages Act 2004

Application for a determination in respect of an increase in recurrent charges (Section 14B)

 

General Application Form

Please note: an application must be made within 28 days of the requirements in Section 14B(2) of the Act.

Please ensure you include the date of the meeting of the residents/tenants (Section 14B(1)(b) of the Act).

Please include the date the operator became aware the meeting did not pass a resolution authorising the proposed increase.

Roads and Jetties Act 1935

Review a refusal to grant compensation under Section 52CE (Section 52CE(6))

Minister

General Review Form

Strata Titles Act 1998

Appeal a decision made by the Recorder of Titles (Section 144(1)(a))**

Appeal a decision of a council for approval under the Act (unless it relates to building work) (Section 144(1)(b))**

Application for enforcement of a compliance notice (Section 96)

Application for imposing a penalty for breach of a by-law (Section 133)

Application to stay the operation of an order that has been appealed (Section 145)

** Appeals made under Section 144 must be lodged with the Recorder of Titles.

(The Recorder cannot be a party to proceedings – Section 144(7)(b))

Council

Name of the person/s on the compliance notice

Name of the person/s or body corporate alleged to have breached a by-law

General Review Form

General Application Form

(see RPS Information Sheet 9)

General Application Form

Interlocutory Application Form

Theatre Royal Precinct Redevelopment Act 2016

Application in relation to one of the matters set out in Section 37(Section 37)

Body Corporate or a person who is a lot owner.

General Application Form

Threatened Species Protection Act 2016

Appeal against a proposed under under Section 13(5) to add, amend or omit an item from Schedule 3, 4 or 5 (Section 14)

Minister

General Review Form

Urban Drainage Act 2013

Appeal a decision under Section 5(3) in relation to public stormwater systems (Section 5(4))

Review a decision under Section 11(4) about drain requirements (Section 11(6))

Appeal a notice to carry out work (Section 15(9))

Appeal a notice requiring connection to public stormwater (Section 21)

Appeal a notice requiring removal of an existing connection to public stormwater (Section 22)

Minister

General Manager

Authority Responsible for the land

General Manager

General Review Form

Water and Sewerage Industry Act 2008

Appeal a notice issued under Section 56E(2) (Section 56E(7))

Appeal an approval or refusal to issue a certificate under Section 56TC or 56TD (Section 56TE)

Responsible Authority

Regulated entity

General Review Form

Water Management Act 1999

Appeal in relation to one of the decisions set out in Section 275 (Section 276)

Civil Enforcement Application (Section 264)

Application to suspend a decision (Section 280)

Minister

Names of person/s alleged to contravene the Act

Name of decision maker

General Review Form

Please note:  appeals in relation to Sections 156, 164ZC, 226D(1), 226G and 226H have limitations about their content by Section 276(4).  You are encouraged to take advice about that section.

General Application Form

(see RPS Information Sheet 9)

General Application Form