{"id":"tas:sr-2014-019","name":"Proclamation under the Historic Cultural Heritage Amendment Act 2013","slug":"proclamation-under-the-historic-cultural-heritage-amendment-act-2013","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"19 of 2014","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":187458,"registerId":"tas-tas:sr-2014-019-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Proclamation under the Historic Cultural Heritage Amendment Act 2013","content":"> Proclamation under the Historic Cultural Heritage Amendment Act 2013\n\nI, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, by this my proclamation made under [section 2 of the](/view/html/inforce/2026-04-12/act-2013-070#GS2@EN) [Historic Cultural Heritage Amendment Act 2013](/view/html/inforce/2026-04-12/act-2013-070) fix 1 March 2014 as the day on which that Act commences.\n\n3 February 2014\n\nPETER G. UNDERWOOD\n\nGovernor\n\nBy His Excellency's Command,\n\nBRIAN WIGHTMAN\n\nMinister for Environment, Parks and Heritage\n\nDisplayed and numbered in accordance with the *[Rules Publication Act 1953](/view/html/inforce/current/act-1953-050)*.\n\nNotified in the *Gazette* on 12 February 2014\n\nThis proclamation is administered in the Department of Primary Industries, Parks, Water and Environment.","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The proclamation does not change the substantive scope of the Amendment Act; it only fixes the Act's commencement date under s.2. It does not alter rights, obligations or powers contained in the Amendment Act—only when they take effect."},"complexity_factors":["Single, discrete legal effect: fixes a commencement date (low structural complexity).","Made under a specific statutory head of power (section 2 of the Historic Cultural Heritage Amendment Act 2013).","Formal procedural steps required: Governor acting with Executive Council advice, ministerial sign-off, Gazette notification and Rules Publication Act display.","Administrative implementation obligations for the Department of Primary Industries, Parks, Water and Environment (department named in the instrument).","No substantive amendments or transitional provisions in the proclamation itself (reduces interpretive complexity).","Temporal elements present: proclamation dated 3 February 2014, Gazette notice 12 February 2014, commencement 1 March 2014—coordination risk for implementers."],"plain_english_summary":"This proclamation sets 1 March 2014 as the day the Historic Cultural Heritage Amendment Act 2013 begins to operate. It makes the Act’s amended powers, duties and obligations legally effective in Tasmania from that date, so owners, regulators and public agencies must comply with or administer those changes. The proclamation is made under section 2 of the Amendment Act and was notified in the Gazette."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"A commencement proclamation by its nature has a fixed, narrow scope: to bring an Act or amendments into force on a specified date. There is no indication that this proclamation expanded or contracted beyond that singular administrative function."},"complexity_factors":["The document itself contains almost no substantive legal content — it is purely procedural (a commencement proclamation).","The actual legal complexity lies in the underlying Historic Cultural Heritage Amendment Act 2013, not this proclamation.","Minimal text is provided, limiting analysis of any nuanced provisions.","Standard form government proclamation with no unusual or contested elements apparent."],"plain_english_summary":"This proclamation officially brings the Historic Cultural Heritage Amendment Act 2013 into effect in Tasmania, commencing the amendments on 12 February 2014. \n\nIt matters to property owners, developers, local councils, historians and government heritage agencies because it is the final administrative step that makes the amended heritage protections legally operative."},"issue_detection":{"absurdities":[{"type":"other","section":"Status Information - Currency of version","severity":"low","reasoning":"The 'to date' currency claim implies ongoing updates and relevance, but the last modification date of 5 July 2017 suggests no substantive changes have been made for nearly nine years. While not strictly a logical impossibility, the currency representation is potentially misleading regarding the document's actual up-to-date status.","confidence":0.55,"description":"The document simultaneously claims to be current from 12 February 2014 'to date' (accessed 5 April 2026) while also stating the file was last modified 5 July 2017. A proclamation that has not been modified since 2017 cannot meaningfully claim currency 'to date' in 2026 without clarifying whether subsequent amendments are incorporated."},{"type":"impossible_compliance","section":"Status Information - Currency of version","severity":"low","reasoning":"The 3-working-day update promise is a procedural commitment embedded in the status note. If changes have occurred but the file has not been updated since 2017, there is a breach of the stated standard. If no changes have occurred, the promise is vacuous. Either way, the reader cannot verify compliance.","confidence":0.45,"description":"The legislation states it is 'usually updated within 3 working days after a change to the legislation,' yet the file was last modified on 5 July 2017. This implies either no changes have occurred to the parent Act or its proclamation in approximately nine years, or the update commitment has not been honoured — the latter being an impossible-to-verify compliance claim from the reader's perspective."},{"type":"other","section":"Document Structure - All headings","severity":"medium","reasoning":"Duplicated headings in a legal instrument create genuine interpretive difficulty. If a court or reader must rely on the structural hierarchy of a proclamation to determine scope or operative provisions, duplicated headings undermine that hierarchy. It also raises questions about whether the document as published is the authoritative version or a rendering error.","confidence":0.85,"description":"Every heading in the document is duplicated verbatim (e.g., 'Proclamation under the Histori Proclamation under the Historic Cultural Heritage Amendment Act 2013', 'Status Information Status Information', 'Currency of version Currency of version', 'Authorisation Authorisation'). This systematic duplication renders the document's internal structure self-referentially incoherent and may create ambiguity about which instance constitutes the operative heading."},{"type":"other","section":"Title - 'Proclamation under the Histori...'","severity":"medium","reasoning":"The correct enabling Act is the Historic Cultural Heritage Amendment Act 2013. The truncated 'Histori' appearing in the official title of the proclamation means the document as published does not accurately identify its own legislative authority. This could affect validity or enforceability arguments, particularly if the proclamation is challenged on the basis that it does not properly cite its enabling power.","confidence":0.9,"description":"The title of the proclamation is truncated to 'Histori' in multiple instances rather than 'Historic', suggesting the authoritative title of the instrument is corrupted or incomplete in the official published version. A proclamation that cannot correctly state its own enabling Act title has a foundational identification problem."}],"contradictions":[{"severity":"low","section_a":"Status Information - 'Version current from 12 February 2014 to date (accessed 5 April 2026 at 18:34)'","section_b":"Authorisation - 'File last modified 5 July 2017'","confidence":0.6,"description":"The document claims to be current to the access date of 5 April 2026, implying it reflects all changes up to that point, but the file was last modified on 5 July 2017. These two claims are in tension: if the instrument is truly current to 2026, the file should reflect a modification date closer to 2026; if the last modification was in 2017, the 'current to date' representation is potentially inaccurate."}]},"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This is a procedural commencement instrument with no substantive scope. It performs exactly the function intended: bringing the parent Act into force on a specified date."},"complexity_factors":["Single operative provision: fixing a commencement date","No defined terms","No cross-references to other legislation (except citation of the parent Act and Rules Publication Act 1953 for procedural compliance)","No conditional logic or exceptions","Standard proclamation format — essentially a template document"],"plain_english_summary":"This is a **commencement proclamation** — a formal government notice that brings a law into effect.\n\n**What it does:**\n- Sets **1 March 2014** as the date when the *Historic Cultural Heritage Amendment Act 2013* (Tasmania) starts operating.\n\n**Who made it:**\n- The **Governor of Tasmania** (acting on advice from the Executive Council, which is the formal name for the state Cabinet).\n- Signed by Governor Peter G. Underwood and Minister Brian Wightman.\n\n**Why it matters:**\n- Laws passed by Parliament don't always start immediately. This proclamation is the legal trigger that \"switches on\" the amendments.\n- Without this document, the 2013 changes to Tasmania's heritage protection laws would remain dormant on the statute books.\n\n**Key detail:**\n- The proclamation was made on 3 February 2014 and published in the *Tasmanian Government Gazette* on 12 February 2014, giving about three weeks' notice before the law took effect."}},"importantCases":[],"_links":{"self":"/api/acts/proclamation-under-the-historic-cultural-heritage-amendment-act-2013","history":"/api/acts/proclamation-under-the-historic-cultural-heritage-amendment-act-2013/history","analysis":"/api/acts/proclamation-under-the-historic-cultural-heritage-amendment-act-2013/analysis","conflicts":"/api/acts/proclamation-under-the-historic-cultural-heritage-amendment-act-2013/conflicts","importantCases":"/api/acts/proclamation-under-the-historic-cultural-heritage-amendment-act-2013/important-cases","documents":"/api/acts/proclamation-under-the-historic-cultural-heritage-amendment-act-2013/documents"}}