Process for Historic Cultural Heritage Works Application
Stage 1 – Informal Communication
- Discuss your intentions with the Heritage Council (HC) or your local council
- This part of the process may or may not occur
- An exemption may be granted by the HC
- The council may be delegated to grant exemptions, if an exemption is granted - the council notifies the HC
Stage 2 – Application Submission and Referral
- Submit an Application for Heritage Works with your local council
- Application referred to HC 2-3 days after lodgement OR
- The local council may be delegated to approve applications by the HC
- There are 42 days to approve the application or it is auto-approved
Stage 3 - Advertising and Consultation
- The council (or applicant if required by council) advertises the application 2-3 days after lodgement
- Third parties may make submissions to council, which are forwarded to the HC if they are determining the application
- Third parties have 14 days for making representations after advertisement
- The HC or local council consults with the applicant and relevant authorities as required
Stage 4 – Assessment and Decision
- The HC or local council determines the application by either:
- refusing it; or
- approving it with or without conditions
- The applicant is notified of the decision
- Any representors are notified of the decision
- The HC and local Council are notified of the decision
Stage 5 - Appeal
- The applicant and/or any representors may lodge an appeal against all or part of the council's decision with the Resource Management and Planning Appeal Tribunal (RMPAT)
- The applicant has 14 days to lodge the appeal
- Parties may undertake a Directions Hearing to reach an agreement by mediation
- Directions Hearings are held by the Resource Management and Planning Appeal Tribunal (RMPAT);
- 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
- If mediation unsuccessful, RMPAT hold a formal hearing at which all parties are able to provide submissions
- Tribunal may confirm, vary or set aside the Council decision, or refer the decision to the HC for reconsideration
- HC notified of decision
- HC sends any amended decision by RMPAT to council
- Council notifies the applicant