Information for heritage property owners

THE TASMANIAN HERITAGE REGISTER

The Tasmanian Heritage Register is a statutory list of places that are of heritage significance. These places are important because they contribute to our culture and society.

Identifying and registering places as being of heritage significance are the first steps in protecting those places that we as a community want to conserve. It ensures that the significance of a place is considered when works are proposed.

Why was my place selected?

Your place is one of several thousand that have been identified as being an important part of Tasmania's heritage. The Tasmanian Heritage Council judged its significance when your place was assessed against the criteria for entry in the Register.

The Tasmanian Heritage Council is the State's decision making body on historic heritage. It is responsible for administrating the Historic Cultural Heritage Act 1995. A copy of the Act is available on our website.

The Heritage Council is assisted in this role by Heritage Tasmania, a business unit of the Department of Environment, Parks, Heritage and the Arts.

To determine historic cultural heritage significance, the Heritage Act requires that a place be assessed against one or more of the criteria for entry in the Register. These criteria are:

• it is important in demonstrating the evolution or pattern of Tasmania's history;
• it demonstrates rare, uncommon or endangered aspects of Tasmania's heritage;
• it has potential to yield information that will contribute to an understanding of Tasmania's history;
• it is important as a representative in demonstrating the characteristics of a broader class of cultural places;
• it is important in demonstrating a high degree of technical achievement;
• it has a strong or special meaning for any group or community because of social, cultural or spiritual associations;
• it has a special association with the life or work of a person, group or an organisation that was important in Tasmania's history.

Can I provide further information or object to my place being entered on the Register?

Yes, you can provide additional information or formally object the decision following the provisional entry of your place in the Register. If you make an objection and are still dissatisfied with the decision, you have a right of appeal to the Resource Management and Planning Appeals Tribunal. You have 60 days in which to lodge an objection with the Heritage Council.

Please note that the only grounds of objection are that the place is not of heritage significance. That is, it does not meet any of the criteria set out in the Act.

What are the benefits of my place being on the Register?

• If registered, it means your place has been recognised as part of one of Tasmania's most important assets - our rich cultural heritage. Our heritage contributes to our Tasmanian identity and sense of place as an island with a significant role in Australia's history and development.
  
  
• Our heritage advisers can also provide you with free and expert architectural or conservation advice and on-site consultation. Please consider contacting one of our heritage advisers when you plan to do works. This free service can make a real difference and may save you money.
  
  
• You may qualify for funding under the Heritage Conservation Funding Program. Priority is given to physical conservation works, for example urgent stabilisation or essential maintenance works. The Heritage Council may provide funding for up to one-third of the cost of approved works, usually to a limit of $25, 000. Visit our website for information and details on other funding opportunities.

Will insurance be affected if my property is heritage listed?

Heritage registration should not affect your insurance. Insurance should reflect the age, construction and physical condition of a building, whether or not it is entered in the Heritage Register. If an owner has special requirements, these should be discussed with their insurer or an insurance broker. Please contact Heritage Tasmania for assistance if you experience any difficulties.

WHAT DOES HAVING A PLACE ON THE REGISTER MEAN?

Having a place on the Register will have little effect on most property owners. What it means is that the issue of the significance of the place will be considered when the time comes for any modifications to be made. This will be considered when you lodge a building or development application with your local council.

The Heritage Council approves 95 per cent of works applications it receives.

To assist this process, if you are thinking of doing some work to your place, we recommend that you contact Heritage Tasmania. Our heritage advisers can provide you with free expert advice including technical information and support as well as on-site consultation.

Where your proposed works are minor, and won't affect the significance of the place, the Heritage Council may provide you with an 'exclusion' from the normal works application process. Please contact Heritage Tasmania to check for eligibility.

Are internal works included?

Only if the internal works may affect the heritage significance of the place. For example, the removal of an original fireplace or staircase would affect the significance of the place, and therefore is unlikely to be supported by the Heritage Council.

In most cases, redecoration, including wallpapering and repainting, will not require the approval of the Heritage Council. Sometimes original decorative schemes will be of importance. Check with Heritage Tasmania before commencing works.

How long does it take to obtain approval?

The application is submitted in writing to the local planning authority (local council). From then, the Act provides a statutory period of 42 days for determination of a works application.

What happens if I apply to do work and it is not approved?

Nearly all applications are approved, some with conditions. These conditions are included to help preserve the heritage values of the place. We recommend that you contact one of our heritage advisers for assistance prior to lodging a works application.

If you are dissatisfied with a Heritage Council decision please discuss it with us. If you are still dissatisfied you can appeal to the Resource Management and Planning Appeal Tribunal. It is the same process that you would go through if you were dissatisfied by a decision made by your local council regarding a planning permit.

Does the Act restrict me from changing the use of my property?

The best thing for a heritage place is its continual use, and the Heritage Council's task is to assist, not hinder, this usage. A change of use itself does not require approval, but any works that involve modifying the significant elements of the place will require approval from the Heritage Council.

Are there penalties for not abiding by the Act?

Yes. However, the Heritage Council does not see its role as a 'heritage policeman', but rather as a 'heritage ombudsman'. The Heritage Council tries to work proactively with owners to resolve issues through discussion and mediation, rather than by conflict, objection and using penalties.