AustLII Tasmanian Consolidated Acts

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HISTORIC CULTURAL HERITAGE ACT 1995 - SECT 3

3. Interpretation

In this Act –

"Appeal Tribunal" means the Resource Management and Planning Appeal Tribunal established under the Resource Management and Planning Appeal Tribunal Act 1993;
"building" includes land or any structure in or on the land;
"chairperson" means the chairperson of the Heritage Council;
"conservation", in relation to a place, includes –

(a) the retention of the historic cultural heritage significance of the place; and

(b) any maintenance, preservation, restoration, reconstruction or adaptation of the place;

"development" includes –

(a) the construction, exterior alteration or exterior decoration of a building; and

(b) the demolition or removal of a building; and

(c) the subdivision or consolidation of land, including buildings or airspace; and

(d) the placing or relocating of a building; and

(e) the construction, or putting up for display, of signs or hoardings;

"Fund" means the Heritage Fund established under Part 3;
"heritage agreement" means an agreement in force under Part 7;
"heritage area" means an area declared as such under Part 5;
"Heritage Council" means the Tasmanian Heritage Council established under section 5;
"Heritage Register" means the Tasmanian Heritage Register kept under Part 4;
"historic cultural heritage significance", in relation to a place, means significance to any group or community in relation to the archaeological, architectural, cultural, historical, scientific, social or technical value of the place;
"land" includes –

(a) buildings; and

(b) land covered with water; and

(c) water covering land;

"law" includes any enactment, regulations, rules, by-laws or proclamation;
"member" means a member of the Heritage Council and includes an alternate member;
"National Trust" means the National Trust of Australia (Tasmania) established under the National Trust of Australia (Tasmania) Act 1975;
"owner" includes any mortgagee, lessee or other person who has an interest in property;
"place" includes –

(a) a site, precinct or parcel of land; and

(b) any building or part of a building; and

(c) any shipwreck; and

(d) any item in or on, or historically or physically associated or connected with, a site, precinct or parcel of land where the primary importance of the item derives in part from its association with that site, precinct or parcel of land; and

(e) any equipment, furniture, fittings and articles in or on, or historically or physically associated or connected with, any building or item;

"planning authority" means –

(a) a council as defined in the Local Government Act 1993 exercising jurisdiction in the locality to which the context relates; and

(b) .  .  .  .  .  .  .  .  

"primary production" means production resulting directly from –

(a) the cultivation of land; and

(b) the maintenance of animals or poultry for the purpose of selling them or their bodily produce; and

(c) the manufacture of dairy produce by a person who produces the raw material used in the manufacture; and

(d) fishing operations; and

(e) forest operations; and

(f) mining operations; and

(g) horticulture;

"protected zone" means a zone declared to be a protected zone under section 69;
"registered place" means a place entered in the Heritage Register;
"registered shipwreck" means a shipwreck entered in the Heritage Register;
"required criteria" means the criteria specified in section 16;
"shipwreck" includes a shipwreck site and any maritime relic;
"stopwork order" means an order made under Part 8;
"use" includes proposed use;
"works" includes –

(a) any development; and

(b) any physical intervention, excavation or action which may result in a change to the nature or appearance of the fabric of a place; and

(c) any change to the natural or existing condition or topography of land; and

(d) any removal, destruction or lopping of trees otherwise than in accordance with forest practices as defined in the Forest Practices Act 1985; and

(e) any removal of vegetation or topsoil;

"works application" means an application under Part 6 for approval to carry out works.



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