A person must not carry out any works (including development) in relation to a registered place or a place within a heritage area which may affect the historic cultural heritage significance of the place unless the works are approved by the Heritage Council. To gain approval you must submit a Works Application Form.

Works are defined as:

any development;
any physical intervention, excavation or action which may result in a change to the nature or appearance of the fabric of a place;
any change to the natural or existing condition or topography of land;
any removal, destruction or lopping of trees otherwise than in accordance with forest practices as defined in the Forest Practices Act 1985; and
any removal of vegetation or topsoil.

Development is defined as:

the construction, exterior alteration or exterior decoration of a building;
the demolition or removal of a building;
the subdivision or consolidation of land, including buildings or airspace;
the placing or relocating of a building; and
the construction, or putting up for display, of signs or hoardings.

Any activity that falls within the above definitions must be the subject of an application to the Heritage Council unless some form of exemption has been granted or some other agreement is in place. The works may be internal as well as external. The removal of interior features such as original fireplace surrounds would affect the significance of the place and thus would require an application to be made.

The Heritage Council may not require an application for some minor works and may grant an exemption from lodging an application for those works. Contact the Heritage Council to check and see if an application is required before lodging a formal application with the local council.

Applications are lodged with the local planning authority and a one page form is available at any planning office. The application is made as part of the normal planning application.

What if work is done without approval?

There are penalties for doing work without Heritage Council approval. In the case of a corporate body, a fine not exceeding 10,000 penalty units; or for an individual, a fine not exceeding 5,000 penalty units.

The Process

How long does it take to obtain approval?

The Act provides a statutory period of 42 days for determination of a works application, or any further period agreed to by the Heritage Council and the applicant.

Where should the application be lodged?

The application must be submitted in writing to the local planning authority, and must state the details of the works to be carried out.

Are there any exemptions?

Yes. Contact the Heritage Council to see if your proposed works would be exempt from requiring a works application.

Who assesses the application?

All applications are considered by the Tasmanian Heritage Council or by a delegated sub-committee.

When is the application sent to the Heritage Council?

The local planning authority must refer the works application to the Heritage Council if it does not have delegated power to deal with it. This should occur as soon as possible after the application is lodged.

Will the application be advertised?

Yes. All works applications under the Act must be publicly notified by the applicant or by the local planning authority. The notice must state details of the works; state the place where the application may be inspected; and invite submissions relating to the works application.

When is the application advertised?

The Act contains no statutory timetable for advertising, though it should generally occur within 2-3 days of lodging the application. The 42-day period for determining the application starts when the application is lodged.

Can additional information be requested by the planning authority or Heritage Council?

No. The Act currently contains no provisions for requesting additional information, although the appraisal process may be expected to provide consultative opportunities.

Can anyone object to, or support an application?

Yes. Any person may make a submission in relation to a works application. The submission should be lodged with the local planning authority within 14 days after the application is advertised, or up 28 days if agreed to by the Heritage Council.

What happens to these submissions?

A copy of any submissions received must be provided to the Heritage Council.

Can the Heritage Council seek further advice from other bodies?

Yes. The Heritage Council may consult with any relevant person, body, authority, department or agency before determining a works application.

What options does the Heritage Council have in determining an application?

Having considered any submissions and after any consultation as outlined above, the Heritage Council may approve the application with or without any condition or restriction, or may refuse to approve the application. If the works are likely to destroy or reduce the significance of a registered place, the Heritage Council may only approve such works application if it is satisfied that there is no prudent and feasible alternative to carrying out the works.

What happens if the Heritage Council has not determined the application after 42 days?

The application is taken to have been approved unconditionally, unless a further period has been agreed with the applicant.

How is the applicant notified of the decision?

The Heritage Council must notify the local planning authority of its decision, and the planning authority must then inform the applicant and any person who made a submission.

Can the applicant appeal against a refusal or against conditions or restrictions?

Yes. The applicant has a 14-day period to lodge an appeal with the Resource Management and Planning Appeal Tribunal.

Can a "third party" appeal?

Yes. The Act states that "any person" may appeal against the approval or refusal of a works application, within 14 days of notice of the decision. Though not specifically stated in the Act, it follows that no work may commence until after the 14-day appeal period has expired.

What happens at the Tribunal?

The Tribunal may confirm the approval or refusal; or may vary or substitute any condition or restriction of approval; or may set aside the approval or refusal; or may remit the matter to the Heritage Council for reconsideration.

How does approval or refusal under the Heritage Act relate to a determination under the Land Use Planning and Approvals Act 1993?

The requirements of the two Acts must be considered separately. The Heritage Council may approve works that a planning authority might refuse on planning grounds. The Heritage Council (or Tribunal) may also refuse works which might otherwise be approved by a planning authority under LUPA.

Can approval be withdrawn or revoked?

Yes. The Heritage Council may revoke an approval if any condition, restriction, requirement or standard is not complied with.