Tasmanian Consolidated Acts

HISTORIC CULTURAL HERITAGE ACT 1995

- Act 117 of 1995
- Royal Assent 8 December 1995

TABLE OF PROVISIONS

           Long Title

   PART 1 - Preliminary

   1.      Short title
   2.      Commencement
   3.      Interpretation
   3A.     Timing of actions
   4.      Act binds Crown
   4A.     Matters to be regarded

   PART 2 - Tasmanian Heritage Council

   5.      Establishment of Heritage Council
   6.      Constitution of Heritage Council
   7.      General functions and powers of Heritage Council
   8.      Delegation by Minister
   9.      Delegation by Heritage Council
   10.     Committees
   10A.    Statements of expectation
   10B.    Statements of intent
   11.     Staff

   PART 3 - Financial Provisions

   12.     Heritage Fund
   13.     Application of Fund
   14.     Money and property on trust
   14A.    Accounting records
   14B.    Financial statements
   14C.     
   14D.     

   PART 4 - Tasmanian Heritage Register

   15.     Heritage Register
   16.     Entry of places in Heritage Register
   17.     Provisional entry in Register
   18.     Procedure relating to provisional entry in Register
   19.     Objection to permanent entry in Register
   20.     Submission relating to permanent entry in Register
   21.     Permanent entry in Register
   22.     Removal of place from Register
   23.     Objection to removal from Register
   24.     Submission relating to removal from Register
   25.     Removal of entry from Register
   25A.    Removal of duplicate entries
   26.     Notice of entry in or removal from Register
   27.     Appeal against Heritage Council's decision
   28.      

   PART 5 - Heritage Areas

   29.     Declaration of heritage areas
   30.     Effect of order
   31.     Exemptions

   PART 6 - Heritage Works

   32.     Interpretation of Part
   32A.    Application of Part
   33.     Application of Planning Act to heritage works is subject to this Part
   34.     Legal status of heritage works if no minor works approval
   35.     Heritage works require heritage approval
   36.     Permit application to be sent to and considered by Heritage Council
   37.     Procedure if Heritage Council requires additional information to consider permit application
   38.     Procedure if Heritage Council has no interest in permit application
   39.     Procedure if Heritage Council wishes to be involved in determining discretionary permit application
   39A.    Procedure if Heritage Council wishes to be involved in determining combined permit application
   39B.    Provision of further information to Heritage Council
   39C.    Substantial changes to proposed heritage works
   40.     Consideration, &c., of application under delegation
   41.     Correction and minor amendment of permits
   42.     Minor works approval
   43.     Effect of minor works approval
   44.     Contravention of heritage works conditions
   45.     Appeals concerning applications
   46.     Applications made before commencement of Historic Cultural Heritage Amendment Act 2013
   46A.    Applications made before commencement of Historic Cultural Heritage Amendment Act 2019

   PART 7 - Heritage Agreements

   47.     Heritage agreement
   48.     Provisions of heritage agreement
   49.     Variation or termination of heritage agreement
   50.     Notification to Recorder of Titles
   51.     Duration of heritage agreement
   52.     Binding nature of heritage agreement
   53.     Enforcement order
   54.     Appeal against enforcement order
   55.     Financial and other assistance
   56.     Non-application of other laws

   PART 8 - Stopwork Orders and Repair Notices

   57.     Stopwork order
   58.     Duration of stopwork order
   59.     Revocation of stopwork order
   60.     Notice to take or stop action
   61.     Appeal against notice
   62.     Determination of appeal
   63.     Failure to comply with notice or order

   PART 9 - Shipwrecks

   64.     Application of Part
   65.     Shipwrecks in Register
   66.     Activity disturbing shipwrecks
   67.     Approval of application to undertake activity
   68.     Revocation of approval to undertake activity
   69.     Protected zone
   70.     Approval of application to enter protected zone
   71.     Revocation of approval to enter protected zone
   72.     Finding shipwreck

   PART 10 - Additional orders

   73.     Order to repair damage
   74.     Order prohibiting works
   75.     Lodgment of orders with Recorder of Titles
   76.     Order charge on land
   77.     Failure to comply with order

   PART 11 - Certificates

   78.     Application for certificate for unregistered place
   79.     Separate applications for separate titles
   80.     Issue of certificate for unregistered place
   81.     Objection to intention to issue certificate for unregistered place
   82.     Submission relating to certificate for unregistered place
   83.     Issue of certificate
   84.     Duration of certificate for unregistered place
   85.     Prohibition on dealing with unregistered place
   86.     Application for certificate for affected place
   87.     Issue of certificate for affected place
   88.     Certificate as evidence

   PART 12 - Miscellaneous

   89.     Assistance to Heritage Council
   90.      
   90A.    Guidelines
   90B.    Authorised officers
   90C.    Entry and search warrants
   90D.    Additional requirements where persons not fluent, &c., in English
   90E.    Obstruction, &c., of authorised officers and others
   91.     Immunity from liability
   92.     Annual report
   93.     Evidence of Register
   94.     Amendment of Register
   95.     False and misleading statements
   96.     Regulations
   97.     Listed places
   98.      
   99.     Exemption from Act
   100.    Validity of certain entries in Register
   100A.   Transitional provisions consequent on Historic Cultural Heritage Amendment Act 2024
   101.    Administration of Act
           SCHEDULE 1
           SCHEDULE 2