HISTORIC CULTURAL HERITAGE ACT 1995
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. ]