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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 Section 14C
  • 14D Section 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
  • 26 Notice of entry in or removal from Register
  • 27 Appeal against Heritage Council's decision
  • 28 Section 28

PART 5 - Heritage Areas

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

PART 6 - Heritage Works

  • 32 Interpretation of Part
  • 33 Application of Planning Act to heritage works is subject to this
  • Part
  • 34 Legal status of heritage works if no certificate of exemption,
  • &c.
  • 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 Certificates of exemption for heritage works
  • 43 Effect of certificates of exemption
  • 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 Section 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 Section 98
  • 99 Exemption from Act
  • 100 Validity of certain entries in Register
  • 101 Administration of Act
  • SCHEDULE 1 SCHEDULE 2

    [ Note: This table has been automatically generated and may be incomplete. ]

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