Legislation and approvals process


Overview

Works to a place entered on the Tasmanian Heritage Register require approval of the Heritage Council. This approval may be in the form of a certificate of exemption (where there is no or negligible impact on historic cultural heritage significance) or through a development application process.

The Historic Cultural Heritage Act 1995 is integrated with the Land Use Planning and Approvals Act 1993 to allow this to happen. A brief summary of this process is outlined below; however if you have any questions don't hesitate to contact Liz Fitzgerald (Heritage Planner) on (03) 6165 3716 or Liz.Fitzgerald@heritage.tas.gov.au.

Development Application Process

Click here for a flowchart of the process.

Lodgment

If a proponent wishes to do works to a place entered on the Tasmanian Heritage Register, and they don't have a certificate of exemption, they will need to lodge a development application with the local planning authority (regardless of whether or not they need approval under the local planning scheme).

Referral

Once the application is considered valid, the local planning authority will refer the development application to the Heritage Council within 5 days.

Notice of Interest

Within 7 days of receiving the referral, the Heritage Council will do a preliminary assessment of the proposal and confirm with the local council if it has an interest in the application. If the Heritage Council has an interest, there is also an opportunity to request additional information, alongside any additional information required by the local planning authority under s.54 of LUPAA.

Advertising

Once the local planning authority has received the Heritage Council's Notice of Interest, and both the Heritage Council and planning authority are satisifed with any additional information, the development application will be advertised under s.57 of LUPAA. If representations are received, they should be referred to the Heritage Council.

Decisions

The Heritage Council will make its assessment and either consent to the permit being granted, consent with conditions, or refuse consent. The Heritage Council's decision must be incorporated into the final permit (or refusal) issued by the local planning authority.

Resources

We have a range of resources to assist local planning authorities with development applications for works to places entered on the Tasmanian Heritage Register.

We also have a Local Government Manual with more detailed information and all local planning authorities should have a copy. If not, the manual can be emailed to local government staff on request.