AustLII Tasmanian Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

HISTORIC CULTURAL HERITAGE ACT 1995 - SECT 42

Certificates of exemption for heritage works

(1)  A person may apply to the Heritage Council for a certificate of exemption for heritage works.
(2)  The exemption certificate application –
(a) is to be in a form provided or approved by the Heritage Council; and
(b) is to be supported by such information as the Heritage Council requires, either at the time of lodgment or subsequently.
(3)  The Heritage Council may –
(a) approve the exemption certificate application; or
(b) refuse the exemption certificate application.
(4)  Without limiting its discretion, the Heritage Council must approve the exemption certificate application if it is reasonably satisfied that the heritage works –
(a) are identified in the 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
(b) are capable of being carried out in accordance with the works guidelines.
(5)  If subsection (3)(b) applies, the Heritage Council is to notify the applicant of –
(a) the refusal; and
(b) the reasons for the refusal.
(6)  If subsection (3)(a) applies, the Heritage Council is to –
(a) issue the applicant with the certificate of exemption; and
(b) immediately give the relevant planning authority a copy of the certificate of exemption.
(7)  If issued, the certificate of exemption may be in such form and contain such information as the Heritage Council determines but it must clearly identify –
(a) the heritage works for which it is issued; and
(b) the registered place or heritage area in relation to which those heritage works may be carried out.
(8)  In this section –
heritage works means –
(a) specific heritage works; or
(b) a series of heritage works.



[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]