South Sister St. Marys, Tasmania

South Sister Letters

letter to rmpat seeking extension of time

The Registrar
Resource Management and Planning Appeal Tribunal
GPO Box 2036
Hobart 7001
06 November 2006

Dear Sir,

SUBMISSION FOR EXTENSION OF TIME TO MAKE AN APPEAL UNDER SECTION 14 (3) OF THE THREATENED SPECIES PROTECTION ACT 1995

I make the following submission in accordance 13 (2) of the Resource Management and Planning Appeal Tribunal Act 1993.

1. Members of the public do not generally subscribe to the Gazette. Therefore I had no knowledge of the Gazetted Notice of October 5, 2006.

2. For whatever reason, the public notification in the Examiner of October 7, 2006 did not come to my attention. I only became aware of the Minister's Order as a result of a fortuitous conversation during the week ending November 3, 2006. I immediately made enquiries to obtain details of the Recommendation, the Order, and the process involved in reaching the Minister's decision. I did not become aware of the ability to appeal the Minister's Order until November 6th, 2006.

3. It has taken less than six days from the time of being aware of the Order until the lodging of the attached Appeal.

4. Only two days have elapsed beyond the period of 30 days from the original Gazetted date. An Appeal on November 6, 2006 is within 30 days of the publication of the notice within a newspaper circulating in the area concerned.

5. There has been no cost or any administrative process involved in the expiration of the period of thirty days since gazettal.

6. Natural justice and the Objectives of the Threatened Species Protection Act 1995 SCHEDULE 1, PART 2 would appear to justify this short extension of the time for Appeal.

Yours faithfully,

D W CLEMENT

And the decision in SOS favour