Historic Cultural Heritage Amendment Bill 2019

The Minister for the Environment, Parks and Heritage tabled a Bill in the House of Assembly on 30 July 2019 that will further integrate the historic heritage and planning legislation, building on amendments made to the Historic Cultural Heritage Act 1995 in 2014. These amendments integrated the heritage and planning legislation; reduced duplication of effort; and created a single application and decision for works on places in the Heritage Register.

This Bill will ensure the Historic Cultural Heritage Act 1995 (the Heritage Act) is able to: deal with combined permit applications; recognise the interplay between the Land Use Planning and Approvals Act 1993 and the Environmental Management and Pollution Control Act 1994; and enhance the governance arrangements of the Heritage Council. While relatively minor in nature, this Bill will make a useful contribution to the ongoing planning reform process.

In summary, the Bill will amend the Heritage Act to:

  • provide that if any Act, including the Environmental Management and Pollution Control Act 1994, affects the assessment period under the Land Use Planning and Approvals Act 1993, the 'prescribed period', contained in Part 6 of the Heritage Act, is similarly affected;
  • ensure any additional information, revised plans or amended permits relating to a development application are to be forwarded to the Heritage Council for consideration;
  • provide that, in the event that additional information or revised plans are forwarded to the Heritage Council following its notification of interest or notice of decision and that information reflects a substantial change in the proposed development, the Heritage Council may revise its notice of interest or notice of decision;
  • provide that in the event that a planning authority fails to forward a development application to the Heritage Council, the Heritage Council is provided the opportunity and time to consider and, should it deem necessary, provide comment on, the development application prior to a final decision of the planning authority;
  • allow the Heritage Council to be party to the assessment of a combined planning and development application under LUPAA;
  • introduce and define the role of authorised officers to investigate compliance with, or enforcement of, works under the Heritage Act, akin to provisions within LUPAA or the Local Government Act 1993; and
  • address minor matters requested by the Heritage Council including: a) the ability to appoint a deputy chairperson; b) introducing flexibility in meeting formats; and c) broadening disclosure of interest provisions to ensure both pecuniary and non-pecuniary, as well as real and perceived interests, are disclosed.

The Bill, as tabled in Parliament, is available on the Parliament of Tasmania Website.

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