AustLII Tasmanian Consolidated Acts

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HISTORIC CULTURAL HERITAGE ACT 1995 - SECT 18

18. Procedure relating to provisional entry in Register

      (1) Before entering a place in the Heritage Register on a provisional basis, the Heritage Council may invite written submissions from –

(a) any person or body with a special knowledge of, or interest in, the place; or

(b) any person or body with a special interest in Tasmania's historic cultural heritage.

      (2) After considering any submissions, the Heritage Council may provisionally enter a place in the Heritage Register.

      (3) If the Heritage Council enters a place in the Heritage Register on a provisional basis, it must –

(a) give the owner of the place and the planning authority a written notice –

(i) stating it has provisionally entered the place in the Heritage Register and that it intends to enter the place on a permanent basis; and

(ii) stating the reasons and the required criteria on which the entry is based; and

(iii) explaining the right to object to the place being entered in the Heritage Register on a permanent basis; and

(b) publish in a daily newspaper circulating in the area in which the place is situated a notice –

(i) stating that it intends to enter the place in the Heritage Register on a permanent basis; and

(ii) inviting written submissions relating to that intention; and

(iii) explaining the right to object to the place being entered in the Heritage Register on a permanent basis.

      (4) A notice to the owner of a place must be given at least 21 days and not more than 28 days before –

(a) the same notice is given to the planning authority; and

(b) a notice is published under subsection (3)(b).

      (5) The Heritage Council must make available to the owner of a place registered in the Heritage Register on a provisional basis –

(a) the name of any person who has made an application under section 17(1); and

(b) any information given under section 17(2); and

(c) a copy of any submission made under section 18(1).



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