AustLII Tasmanian Consolidated Acts

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HISTORIC CULTURAL HERITAGE ACT 1995 - SECT 32

PART 6 - Heritage Works Interpretation of Part

(1)  In this Part –
application day , in relation to any heritage works, means the day on which the relevant planning authority receives a valid permit application to carry out the heritage works;
assessment period , in relation to a permit application, means the following:
(a) in the case of an application for a discretionary permit, the period, or further period (if any), applicable to that application under section 57(6)(b) of the Planning Act;
(b) in the case of an application for a combined permit under section 40T of the Planning Act that accompanies a request to amend an LPS, the periods applicable to the amendment of that LPS under sections 38(2) and 40D(a) of that Act;
(c) in the case of an application for a combined permit under section 43A of the former Planning Act that accompanies a request to amend a planning scheme, the periods applicable to the amendment of that planning scheme under sections 33(3) and 33(3AA) of the former Planning Act;
(d) in the case of a permit application to which section 25 of the Environmental Management and Pollution Control Act 1994 applies, the period applicable to that application under subsection (8D) of that section;
certificate of exemption means a certificate under section 42 ;
combined permit means a permit, the application for which is combined with the planning scheme amendment process under –
(a) Division 2A of Part 3 of the former Planning Act; or
(b) Division 4 of Part 3B of the Planning Act;
combined permit application means an application for a combined permit to carry out heritage works;
discretionary permit means a permit to which section 57 of the Planning Act applies;
discretionary permit application means an application for a discretionary permit to carry out heritage works;
exemption certificate application means an application for a certificate of exemption made under section 42(1) ;
former Planning Act means the Planning Act as in force immediately before the commencement of section 10 of the Land Use Planning and Approvals Amendment (Tasmanian Planning Scheme) Act 2015 ;
heritage works means works, as defined in section 3 , when carried out to or in relation to a registered place or heritage area;
permit application means an application for –
(a) a discretionary permit to carry out heritage works; or
(b) a combined permit to carry out heritage works;
relevant planning authority , in relation to any heritage works, means the planning authority of the municipal area in which the heritage works are carried out or, if applicable, proposed to be carried out;
relevant planning scheme , in relation to any heritage works, means the planning scheme in force in the place where the heritage works are carried out or, if applicable, proposed to be carried out;
relevant special planning order , in relation to any heritage works, means the special planning order, if any, in force in the place where the heritage works are carried out or, if applicable, proposed to be carried out.
(2)  Unless the contrary intention appears in this Part, expressions that are defined in the Planning Act and used in this Part have, apart from the expression "works" , the same meaning in this Part as they have in that Act.



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