South Sister St. Marys, Tasmania

South Sister Legal

rmpat decision on sos appeal

[Following forms part of RMPAT's decision regarding Minister's challenge to our appeal.]

The Minister submits that Mr Clement's appeal is incompetent as there is no right of appeal in the circumstances. The right of appeal relates to an order of the Minister to either add, amend or omit items from a schedule. The Minister says that a decision not to add an item is not a decision to omit an item.

No authority, at all, is pointed to in support of this proposition. Omit is not defined in the Act. It is therefore necessary to have recourse to external assistance. The Shorter Oxford English Dictionary defines omit in the following terms 'leave out, fail to include'. Applying this definition, there is no doubt in the Tribunal's mind that the Minister has made a decision to omit the lichen from the schedule, and as such a right of appeal exists. The Tribunal is fortified in this conclusion when one has regard to the Scheme of the Act which is plainly designed to provide a method of review of Ministerial decisions. It is the Tribunal's view that a right of appeal exists, and that the appeal is competent.

[The appeal and RMPAT grounds for appeal]

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4452 (1, 3, 11, 305)