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HISTORIC CULTURAL HERITAGE ACT 1995 - SECT 38 Procedure if Heritage Council has no interest in permit application

HISTORIC CULTURAL HERITAGE ACT 1995 - SECT 38

Procedure if Heritage Council has no interest in permit application

(1)  This section applies if, in respect of a permit application –
(a) the Heritage Council gives the relevant planning authority the notification referred to in section 36(3)(a) ; or
(b) the Heritage Council fails to give the relevant planning authority a notification of any kind under section 36(3) within the time that section requires.
(2)  Section 34(2) ceases to apply in relation to the heritage works to which the permit application relates (the relevant heritage works).
(3)  If, but for section 34(2) , no permit (discretionary or otherwise) in respect of the relevant heritage works would have been required under the Planning Act –
(a) the permit application is taken to have been withdrawn; and
(b) the relevant planning authority is to notify the applicant and the Heritage Council that a permit is not so required and that the permit application is so taken to have been withdrawn.
(4)  If, but for section 34(2) , a discretionary permit would not have been required under the Planning Act but another permit would have been so required in respect of the relevant heritage works, the permit application is taken to be an application made under the appropriate section of the Planning Act for that other permit and the relevant planning authority is to –
(a) if the application was made under –
(i) Division 2A of Part 3 , or Division 2 of Part 4 , of the Planning Act as in force before the commencement of section 10 of the Land Use Planning and Approvals Amendment (Tasmanian Planning Scheme) Act 2015 – determine the application under the appropriate provisions of that Division; or
(ii) Division 4 of Part 3B, or Division 2A of Part 4, of the Planning Act as in force after the commencement of section 10 of the Land Use Planning and Approvals Amendment (Tasmanian Planning Scheme) Act 2015  – determine the application under the appropriate provisions of that Division; and
(b) once it has determined the application, notify the Heritage Council of that determination.
(5)  If a permit is required under the Planning Act in respect of the relevant heritage works regardless of the operation of section 34(2) , the relevant planning authority is to –
(a) determine the permit application under the appropriate provisions of Division 2A of Part 3 , or Division 2 of Part 4 , of the Planning Act; and
(b) once it has determined the permit application, notify the Heritage Council of that determination.
(6)  The Heritage Council is not entitled to –
(a) make representations under the Planning Act in relation to the withdrawal of the permit application by reason of subsection (3)(a) or the determination of the permit application (whether as a discretionary permit application or as another permit application under the Planning Act) pursuant to subsection (5)(a) or subsection (4)(a) ; or
(b) take any other action in relation to the permit application or the relevant heritage works.