AustLII Tasmanian Consolidated Acts

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HISTORIC CULTURAL HERITAGE ACT 1995 - SECT 22

22. Removal of place from Register

      (1) The Heritage Council, on its own initiative or on application to it by any person, may decide to remove from the Heritage Register an entry relating to a place.

      (2) A person who applies to have a place removed from the Heritage Register must give any information the Heritage Council requires to enable it to deal with the application.

Penalty:

Fine not exceeding 20 penalty units.

      (3) Before removing a place from the Heritage Register, the Heritage Council may invite written submissions from –

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

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

      (4) After considering any submissions, the Heritage Council may decide to remove from the Heritage Register an entry relating to a place if it considers that the place no longer meets any of the required criteria.

      (5) If the Heritage Council intends to remove from the Heritage Register an entry relating to a place, it must –

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

(i) stating that it intends to remove the entry from the Heritage Register; and

(ii) stating the reasons for the removal; and

(iii) explaining the right to object to the removal; 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 remove the entry from the Heritage Register; and

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

(iii) explaining the right to object to the removal.

      (6) 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 (5)(b).



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