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HISTORIC CULTURAL HERITAGE ACT 1995 - SECT 18 Procedure relating to provisional entry in Register

HISTORIC CULTURAL HERITAGE ACT 1995 - SECT 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 registration 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 a local public 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 local public notice is published under subsection (3) (b) .
(4A)  The Heritage Council may give such other notice of a decision to provisionally enter a place in the Heritage Register as it considers appropriate.
(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) .