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IRIS Tasmania  >  Planning and Development  >  Other Development  >  Text - Historic Cultural Heritage Works

Cultural Heritage Works Application

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