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This is a Bill, not an Act. For current law, see the Acts databases.


HISTORIC CULTURAL HERITAGE AMENDMENT (VALIDATION) BILL 2014 BILL 41 OF 2014

                                      TASMANIA

                                      __________


               HISTORIC CULTURAL HERITAGE AMENDMENT
                         (VALIDATION) BILL 2014
                                      __________

                                     CONTENTS
          1.       Short title
          2.       Commencement
          3.       Principal Act
          4.       Section 46 inserted
                     46.       Applications made before commencement           of
                               Historic Cultural Heritage Amendment Act 2013
          5.       Repeal of Act




[Bill 41]-VI

 


 

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HISTORIC CULTURAL HERITAGE AMENDMENT (VALIDATION) BILL 2014 (Brought in by the Minister for Environment, Parks and Heritage, the Honourable Matthew Guy Groom) A BILL FOR An Act to amend the Historic Cultural Heritage Act 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: 1. Short title This Act may be cited as the Historic Cultural Heritage Amendment (Validation) Act 2014. 2. Commencement This Act commences on the day on which this Act receives the Royal Assent. 3. Principal Act In this Act, the Historic Cultural Heritage Act 1995* is referred to as the Principal Act. *No. 117 of 1995 [Bill 41] 3

 


 

Historic Cultural Heritage Amendment (Validation) Act 2014 Act No. of s. 4 4. Section 46 inserted After section 45 of the Principal Act, the following section is inserted in Part 6: 46. Applications made before commencement of Historic Cultural Heritage Amendment Act 2013 (1) In this section - former Act means this Act as in force at any time before the Part 6 substitution day; former Part 6 means Part 6 of this Act as in force at any time before the Part 6 substitution day; interim period means the period - (a) beginning on the Part 6 substitution day; and (b) ending immediately before the validation Act commencement day; interim period approval means - (a) an approval that - (i) was, during the interim period, purportedly given, under the former Part 6, in relation 4

 


 

Historic Cultural Heritage Amendment (Validation) Act 2014 Act No. of s. 4 to a surviving application; and (ii) would have been valid if the former Part 6 had applied (other than by virtue of this section), in relation to the surviving application, during the interim period; or (b) if the former Part 6 had applied (other than by virtue of this section), before the validation Act commencement day, in relation to a surviving application, an approval that would have been taken to have been given under section 42 of this Act, as in force immediately before the Part 6 substitution day, in relation to the surviving application; Part 6 substitution day means the day on which section 22 of the Historic Cultural Heritage Amendment Act 2013 commenced; 5

 


 

Historic Cultural Heritage Amendment (Validation) Act 2014 Act No. of s. 4 surviving application means an application that - (a) was lodged under section 32 of this Act as in force at any time before the Part 6 substitution day; and (b) was not, before the Part 6 substitution day - (i) approved under the former Act; or (ii) taken to be approved under the former Act; or (iii) refused under the former Act; or (iv) withdrawn; validation Act commencement day means the day on which the Historic Cultural Heritage Amendment (Validation) Act 2014 commences. (2) Part 6 of this Act, as in force immediately before the Part 6 substitution day, is to be taken to have been in force in the interim period, and is to be taken to be in force after the validation Act commencement day, in relation to - 6

 


 

Historic Cultural Heritage Amendment (Validation) Act 2014 Act No. of s. 5 (a) a surviving application; and (b) an interim period approval; and (c) an approval given, in relation to a surviving application, under Part 6 of the Act as applied by virtue of this subsection - until the application, interim period approval, or approval, respectively, ceases to be in force under Part 6 of the Act as applied by virtue of this section. 5. Repeal of Act This Act is repealed on the three hundred and sixty fifth day from the day on which it commences. Government Printer, Tasmania 7

 


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