Historic Cultural Heritage Amendment Act 1999 (TAS)

Historic Cultural Heritage Amendment Act 1999

An Act to amend the Historic Cultural Heritage Act 1995

[Royal Assent 27 October 1999]

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:

1Short titleThis Act may be cited as the Historic Cultural Heritage Amendment Act 1999 . 2CommencementThis Act commences on the day on which this Act receives the Royal Assent. 3Principal ActIn this Act, the Historic Cultural Heritage Act 1995 is referred to as the Principal Act. 4Section 32 amended (Application for approval to carry out works) Section 32 of the Principal Act is amended by omitting subsection (5) . 5Section 34 amended (Notice of application) Section 34 of the Principal Act is amended by omitting subsection (3) . 6Section 36 amended (Approval of works application by planning authority) Section 36(1)(a) of the Principal Act is amended by inserting "subject to any condition or restriction" after "application". 7Section 37 amended (Notification of decision by planning authority) Section 37 of the Principal Act is amended as follows: (a) by omitting subsection (1) and substituting the following subsection: (1)  A planning authority, as soon as practicable after making a decision under section 36 , must inform the Heritage Council of – (a) its decision; and (b) any condition or restriction it imposed on the approval of a works application. (b) by omitting from subsection (2) "within 7 days of the decision". 8Section 38 substituted Section 38 of the Principal Act is repealed and the following section is substituted: 38Referral to Heritage Council If a planning authority refers a works application to the Heritage Council under section 33 (1) (b) , it must provide the Heritage Council with a copy of any submission received under section 35 within 3 days after the relevant period referred to in that section has elapsed. 9Section 39 amended (Approval of works application by Heritage Council) Section 39(2) of the Principal Act is amended by omitting paragraphs (b) and (c) and substituting the following paragraph: (b) not later than whichever of the following is the later: (i) 42 days after the works application was lodged; (ii) any further period agreed to by the Heritage Council and the applicant. 10Section 40 amended (Notification of decision by Heritage Council) Section 40 of the Principal Act is amended as follows: (a) by inserting in subsection (1) ", as soon as practicable after making a decision," after "Council"; (b) by omitting from subsection (2) "within 7 days after it is notified under subsection (1) ". 11Section 43 amended (Appeal against approval to carry out works) Section 43 of the Principal Act is amended as follows: (a) by omitting subsection (1) and substituting the following subsection: (1)  The following persons may appeal to the Appeal Tribunal against the approval of, or refusal to approve, a works application: (a) the applicant; (b) any person who made a submission under section 35 . (b) by omitting paragraph (b) from subsection (2) and substituting the following paragraph: (b) lodged with the Appeal Tribunal within 14 days after – (i) a notice is given of the approval of, or refusal to approve, a works application; or (ii) the relevant period referred to in section 42 has elapsed.

[Second reading presentation speech made in:

House of Assembly on 20 APRIL 1999

Legislative Council on 5 OCTOBER 1999]