Historic Cultural Heritage Act 1995 (Tas)

Historic Cultural Heritage Act 1995

An Act to promote the identification, assessment, protection and conservation of places having historic cultural heritage significance and to establish the Tasmanian Heritage Council [Royal Assent 8 December 1995]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART 1 - Preliminary

1. Short title This Act may be cited as the Historic Cultural Heritage Act 1995 .

2. Commencement This Act commences on a day to be proclaimed.

3. Interpretation In this Act – Appeal Tribunal means the Tasmanian Civil and Administrative Tribunal; building has the same meaning as in the Planning Act; chairperson means the chairperson of the Heritage Council; conservation, in relation to a place, includes – (a) the retention of the historic cultural heritage significance of the place; and (b) any maintenance, preservation, restoration, reconstruction or adaptation of the place; development includes – (a) the construction, exterior alteration or exterior decoration of a building; and (b) the demolition or removal of a building; and (c) the subdivision or consolidation of land, including buildings or airspace; and (d) the placing or relocating of a building; and (e) the construction, or putting up for display, of signs or hoardings; Fund means the Heritage Fund established under Part 3 ; GDA means – (a) the Geocentric Datum of Australia (also known as "the GDA" or "GDA94") as defined in the Commonwealth Gazette No. GN 35, 6 September 1995, as amended from time to time; or (b) another geodetic reference system substituted for the Geocentric Datum of Australia referred to in paragraph (a) by the Intergovernmental Committee on Surveying and Mapping (established in 1988), as amended from time to time; guidelines means guidelines issued and in force under section 90A ; heritage agreement means an agreement in force under Part 7 ; heritage area means an area declared as such under Part 5 ; Heritage Council means the Tasmanian Heritage Council established under section 5 ; Heritage Register means the Tasmanian Heritage Register kept under Part 4 ; historic cultural heritage significance, of a place, means its significance in terms of the registration criteria; land includes – (a) buildings and other structures permanently fixed to land; and (b) land covered with water; and (c) water covering land; law includes any enactment, regulations, rules, by-laws or proclamation; local public notice, in relation to any process affecting any place, means a notice published – (a) in a daily newspaper published in the State and circulating generally in the region in which the place is located; and (b) by one or more of the following means also: (i) in the Gazette; (ii) any electronic means the Heritage Council considers appropriate in the circumstances; member means a member of the Heritage Council and includes an alternate member; National Trust means the National Trust of Australia (Tasmania) established under the National Trust Act 2006 ; notify means give notice in writing; object, in relation to a place, includes fittings, artefacts, tools, implements and other items, other than fixtures, in or on the place that contribute to the historic cultural heritage significance of the place; owner includes any mortgagee, lessee or other person who has an interest in property; place includes – (a) a site, precinct or parcel of land; and (b) any building or part of a building, including fixtures; and (c) any shipwreck; and (d) any objects related to the place; and (e) any open outdoor spaces, built landscape features, gardens or plants on the place that contribute to the historic cultural heritage significance of the place; Planning Act means the Land Use Planning and Approvals Act 1993 ; planning authority means – (a) a council as defined in the Local Government Act 1993 exercising jurisdiction in the locality to which the context relates; and (b) primary production means production resulting directly from – (a) the cultivation of land; and (b) the maintenance of animals or poultry for the purpose of selling them or their bodily produce; and (c) the manufacture of dairy produce by a person who produces the raw material used in the manufacture; and (d) fishing operations; and (e) forest operations; and (f) mining operations; and (g) horticulture; protected zone means a zone declared to be a protected zone under section 69 ; registered means entered in the Heritage Register; registration criteria means the criteria set out in section 16(2) ; responsibilities means powers, functions and duties; shipwreck includes a shipwreck site and any maritime relic; statutory rule means a statutory rule for the purposes of the Rules Publication Act 1953 ; stopwork order means an order made under Part 8 ; use has the same meaning as in the Planning Act; works includes – (a) any development; and (b) any physical intervention, excavation or action which may result in a change to the nature or appearance of the fabric of a place; and (c) any change to the natural or existing condition or topography of land; and (d) (e) any removal of vegetation or topsoil; works guidelines – see section 90A(1)(b) .