These pages provide an on-screen view of the Works Guidelines. Alternatively you can read the Guidelines as an Adobe Acrobat file.
Works Guidelines Nov2015
Our historic heritage is an irreplaceable and important signpost to our rich and diverse past. Embedded in the physical fabric of each place are traces of past stories. Conserving and adapting heritage places is the best way to ensure they survive into the future and continue to support the community's memory and identity.
The Tasmanian Heritage Council has produced these Works Guidelines to help anyone working on a place entered on the Tasmanian Heritage Register to conserve the place’s heritage values and find creative solutions to allow for sustainable use and development. These guidelines provide clarity around the expectations of the Heritage Council and at the same time serve as useful information that will help owners and developers achieve the best possible outcomes when changes to a place are proposed.
Please read these Works Guidelines, and as you are developing your plans please come and talk to us so we can help you refine your ideas and find the best way to breathe new life into your property. We can help you find solutions that result in an outcome which balances protecting our past with new development.
We look forward to working with property owners, site managers, developers and the wider community to keep alive Tasmania’s rich stories in a contemporary world of constant change.
These Works Guidelines have a legislative basis. They are issued by the Heritage Council under the provision of section 90A of the
Historic Cultural Heritage Act 1995 (the Act). The Heritage Council is required to apply the guidelines when assessing an application for a certificate of exemption or a discretionary permit application.
Under Part 6 the Act, a person must not carry out any 'works' to a place entered on the Tasmanian Heritage Register ('heritage works') unless those heritage works are approved by the Heritage Council. Approval may be in the form of a certificate of exemption or a discretionary permit.
These guidelines describe examples of works that will qualify for a certificate of exemption, and provide advice on those works that require a discretionary permit application. They do not, however, remove the need to apply for a discretionary permit or certificate of exemption, or any necessary local planning authority approvals.
Certificates of Exemption
The Heritage Council must approve an exemption certificate application if it is reasonably satisfied that the works are consistent with and capable of being carried out in accordance with these guidelines (s42(4)).
A certificate of exemption must be granted where the works are identified in these Works Guidelines as works that will have no impact or only negligible impact on the historic cultural heritage significance of the relevant registered place or heritage area, and where these works are capable of being carried out in accordance with these guidelines.
Works that do not impact on the heritage significance of a place other than what are described in these guidelines may also be exempt. The Heritage Council has discretion to provide a certificate of exemption where it is satisfied that the works will have no or negligible impact on the place's significance but where the works do not conform to what is described in these guidelines. Even if you are confident certain works are exempt, you still need to get a certificate of exemption from the Heritage Council, confirming this status.
The Heritage Council is to have regard to these guidelines when considering a discretionary permit application (s39(2)(d)). These guidelines explain the sort of outcomes that are appropriate for proposals where a discretionary permit is required. They provide broad, general principles for the sound management of historic heritage places in Tasmania. The examples of works that are listed may not be exhaustive, and discretion and caution should be used in its application and interpretation. The Heritage Council will use its discretion in considering each application for a discretionary permit, having particular regard for the likely impact of the proposed works on the historic cultural heritage significance of the place and appropriate measures for the retention of this significance.
Local heritage places or precincts may also be protected and managed at a local level in a heritage code of a planning scheme. A select number of places may also be on the National Heritage List, a Commonwealth Heritage List or the World Heritage List. Requirements for the conservation of those places may not be limited to what is set out in these guidelines. If you are unsure of other heritage listings that may affect the management of your place, Heritage Tasmania may be contacted for information.
These guidelines are a good starting point when contemplating works to a heritage property. You may contact Heritage Tasmania if you are unsure if your proposed works fit within the scope of these guidelines. For proposals that will require a discretionary permit application, it is recommended that feedback on preliminary documentation be obtained from one of Heritage Tasmania advisors, prior to formal lodgement.
If unsure please check these guidelines for more detail or contact Heritage Tasmania.