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Planning and Development

Cultural Heritage Works Application

Process for Historic Cultural Heritage Works Application

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1. Informal communication

Decision

An exemption may be granted by the HC 

 Action

Discuss your intentions with the Heritage Council (HC) or your local council *1

Decision

The council may be delegated to grant exemptions, if an exemption is granted - the council notifies the HC

 External timeline

2. Application submission and referral

External timeline
42 days to determine an application, or it is auto-approved

Process

Application referred to HC 2-3 days after lodgement

Document

Submit an Application for Heritage Works with the council

Process

Council may be delegated to approve applications by the HC

3. Advertising and consultation

External timeline

Process

HC consults with applicant and relevant authorities as required

Process

The council (or applicant if required by council) advertises the application 2-3 days after lodgement 

Process

Council consults with applicant and relevant authorities as required

 

Process 

Third parties may make submissions to council, which are forwarded to the HC if applicable

  Internal timeline
Third parties have 14 days for making representations after advertisement

4. Assessment and decision

External timeline
42 days to determine an application, or it is auto-approved

Decision

HC determines the application by either:

  • refusing it; or
  • approving it with or without conditions

Decision

Council determines the application by either:

  • refusing it; or
  • approving it with or without conditions

Process

Council notified of decision

Process

Applicant notified of decision

Process

Representors notified of decision

Process

HC notified of decision

5. Appeal

Action

Applicant &/or third parties may lodge an appeal with the Resource Management and Planning Appeal Tribunal (RMPAT)

Process

Parties may undertake a Directions Hearing to reach an agreement by mediation *2

External timeline
The applicant has 14 days to lodge an appeal

Process

If mediation unsuccessful, RMPAT hold a formal hearing at which all parties are able to provide submissions

Decision

Tribunal may confirm, vary or set aside the Council decision, or refer the decision to the HC for reconsideration

Process

HC notified of decision

Process

HC sends any amended decision by RMPAT to council

Process

Council notifies applicant

Key

           
  decision   process
  action   internal timeline
  document   external timeline
 

document notes

  1. This part of the process may or may not occur.
  2. A Directions Hearing is held by the Resource Management and Planning Appeal Tribunal (RMPAT).
    3. The vast majority of planning appeals in Tasmania are resolved through this mediation process. If the appeal is not mediated then the appeal goes to a formal RMPAT hearing.