How can I nominate a place for entry on the Heritage Register?
What are the criteria a place must satisfy for entry?
If somebody nominates my place when will I know?
How soon will an assessment occur?
How is a place assessed for entry in the Register?
What is a provisional entry?
What is a permanent entry?
Can I object to the entry of my place in the Heritage Register?
Can someone else object to my place being entered?
Can a place be removed from the Heritage Register?
The following diagram summarises the process for entering places to the Tasmanian Heritage Register
Any person may nominate a place to be entered in the Heritage Register and the Application for Entry form is available online. Please note that more nominations are received each year than can be considered. As a result, only places of high heritage value or places considered to be at risk may be assessed. Nominations that are not considered a priority for assessment will be deferred until a heritage survey is conducted of that area.
Please remember that the more information you can provide as part of your nomination to assist us to make an informed decision about the significance of a place and the reason for your nomination the better.
To be entered in the Heritage Register, a place must meet at least one criterion contained in the Historic Cultural Heritage Act 1995.
The seven criteria listed in the Act are:
You will be contacted in writing to advise that your place has been nominated to the Heritage Register and to request a site visit, if relevant. Once a draft assessment has been prepared, you will again be contacted and given the opportunity to comment on the assessment. Once the Heritage Council has made its decision it will write to you advising of that decision and informing you of the statutory process and your rights under that process.
Places are assessed on a priority basis, considering factors such as the likely level of significance of the place and any risks or threats to its survival. Only a limited number of assessments can be undertaken in a given year. There is no guarantee that an assessment will be undertaken within a year of a nomination being received for a place. If circumstances change that might result in the need to reassess a priority, please contact Heritage Tasmania.
Once a nomination is received Heritage Tasmania prioritises the nomination as it can only process so many each year. If it is agreed that the nomination is a priority, an assessment will be undertaken to determine the heritage significance of the place.
An assessment usually involves:
The input of the property owner or manager will be sought, and any person, group or organisation may also be consulted with to assist with the assessment. The Heritage Council will then consider the assessment and decide whether a place should or should not be entered in the Register. There is no guarantee that a nominated place will be entered in the Register.
Provisional entry means that the Heritage Council has made an interim decision to have a place entered in the Heritage Register while they seek submissions or objections from the owner, interested stakeholders and the public. This is part of the formal statutory process. The Heritage Council must notify the owner and local planning authority of its decision and a public notice is placed in the local newspaper, calling for submissions. The Heritage Council considers any submissions received before making their final decision on whether or not to permanently enter a place in the Register. From the moment a place is provisionally entered in the Register, the works provisions of the Historic Cultural Heritage Act 1995 apply.
Permanent entry means a place is permanently entered in the Heritage Register, and the statutory registration process has been completed. The works provisions of the Historic Cultural Heritage Act 1995 apply and other provisions, such as access to conservation funding.
Yes. You have the opportunity to object to a provisional registration and also appeal a permanent registration. The Heritage Council will write to inform you that your place is provisionally entered in the Heritage Register and intends to enter it on a permanent basis. You may lodge an objection to the place being entered in the Heritage Register. An objection can only be made on the basis that the place does not satisfy any criteria on which the entry is based and must be received in writing within 60 days of the public advertisement. Submissions may also be made in support of the intention to permanently enter a place in the Heritage Register, to correct information or to provide additional information. Submissions must be made within 60 days of the date of notification. Objections and submissions are to be lodged directly to the Heritage Council. Any objections or submissions received will be reviewed by the Heritage Council and considered before making a final decision on permanent entry to the Heritage Register. If the Heritage Council proceeds to permanently enter your place in the Heritage Register, you have a right of appeal to the Resource Management and Planning Appeals Tribunal (RMPAT). The appeal must be lodged in writing directly to RMPAT within 30 days of the date of notification of permanent entry.
Yes. The Heritage Council will place a public notice in a newspaper circulating in your local area stating that it intends to enter the place in the Heritage Register on a permanent basis and inviting written submissions in support of, or objecting to, the entry. Any person may make a written submission directly to the Heritage Council up to 60 days after the notice is advertised.
At the time of permanent entry, the owner or any person who has made an objection or submission will be notified of the permanent entry to the Heritage Register and may appeal the permanent entry of the place in the Register to the Resource Management and Planning Appeals Tribunal (RMPAT). The appeal must be lodged directly to RMPAT within 30 days of the notification of permanent entry.
Yes. The Heritage Council can remove a place from the Heritage Register but only if it considers that the place no longer meets any of the required criteria. It is important to remember that a place only needs to meet one of the criteria to be entered in the Heritage Register.
The Heritage Council will notify owners in writing if it is considering removing a place from the Heritage Register. A public notice is also required, in a local newspaper in the area, inviting comment on the intention to remove a place from the Heritage Register. An owner or any other person may object to, or provide submissions in support of, this intent. An objection or submission must be lodged within 30 days of the date of notification of intention to remove the place from the Register. Any objections or submissions received will be reviewed by the Heritage Council and considered in their final decision on whether or not to remove the place from the Heritage Register.
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