Legislation and approvals process


Overview

Works to a place entered in the Tasmanian Heritage Register require the 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 Peter Coney (Heritage Planner) on (03) 6165 53716 or Peter.Coney@heritage.tas.gov.au.

 

Development Application Process

  Flowchart for Discretionary permit application   (392Kb)

  Flowchart for Combined permit application   (384Kb)


Lodgement

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 planning scheme).

 

Referral

Once the application is considered valid, the local planning authority must 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.

 

Advertising

Once the local planning authority has received the Heritage Council's Notice of Interest, and both the Heritage Council and planning authority are satisfied with any additional information, the development application will be advertised. 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.

The Local Government Manual provides more detailed information.

  Historic Cultural Heritage Act 1995: Information for Local Government   (1Mb)