{"id":"tas:sr-2024-094","name":"Proclamation under the Historic Cultural Heritage Amendment Act 2024","slug":"proclamation-under-the-historic-cultural-heritage-amendment-act-2024","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"94 of 2024","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174499,"registerId":"tas-sr-2024-094-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 2024","content":"> Proclamation under the Historic Cultural Heritage Amendment Act 2024\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-2024-025#GS2@EN) [Historic Cultural Heritage Amendment Act 2024](/view/html/inforce/2026-04-12/act-2024-025) fix 1 January 2025 as the day on which the provisions of that Act commence.\n\n19 December 2024\n\nB. BAKER\n\nGovernor\n\nBy Her Excellency's Command,\n\nMADELEINE OGILVIE\n\nMinister for the Arts 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 24 December 2024\n\nThis proclamation is administered in the Department of Natural Resources and Environment Tasmania.","sortOrder":0}],"analysis":{"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the available text, there is no indication that the scope of this proclamation differs from its original intent. It appears to function as a straightforward commencement instrument for the Historic Cultural Heritage Amendment Act 2024, consistent with the standard purpose of such proclamations in Tasmanian legislative practice. Insufficient detail is available to identify any scope expansion or narrowing."},"complexity_factors":["The document itself is a short procedural proclamation, not a substantive piece of legislation — inherently low complexity","The real complexity lies in the underlying Historic Cultural Heritage Amendment Act 2024, which is not reproduced here","Heritage law generally involves layered interactions between state, local, and sometimes federal frameworks, adding moderate background complexity","The provided text is heavily duplicated and fragmented, making it difficult to extract precise operative content","No specific commencement dates, schedules, or operative clauses are visible in the extracted text"],"plain_english_summary":"This Proclamation brings the Historic Cultural Heritage Amendment Act 2024 into force in Tasmania, making the Act’s changes to how historic places, objects and archaeological sites are protected legally effective. It affects property owners, developers, councils, heritage professionals and cultural communities by activating any new obligations, approval processes or penalties set out in the Amendment Act. The proclamation took effect on 24 December 2024."},"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This is a commencement proclamation, which serves exactly its intended purpose: to bring an Act into force on a specified date. It has not expanded beyond this narrow, procedural function."},"complexity_factors":["Single operative provision fixing a commencement date","No defined terms","No cross-references to other legislation (except citation of the parent Act)","No conditional logic or exceptions","Standard proclamation format following constitutional conventions"],"plain_english_summary":"This is a formal government notice (called a 'proclamation') that sets the start date for a new law. Specifically, it announces that the **Historic Cultural Heritage Amendment Act 2024** will come into force on **1 January 2025**.\n\n**What this means:**\n- The Governor of Tasmania, acting on advice from the state government, has officially decided when the new heritage law takes effect\n- Until this proclamation was made, the Act existed on paper but wasn't legally active\n- From 1 January 2025 onwards, the changes made by that Act become legally binding\n\n**Who it affects:**\n- Anyone dealing with Tasmania's historic cultural heritage (property owners, developers, heritage professionals, government agencies)\n- The Department of Natural Resources and Environment Tasmania, which administers heritage laws\n\n**Why it matters:**\nProclamations like this are a standard constitutional step. They give everyone certainty about when new legal obligations begin, allowing time to prepare for the changes."},"flash_summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"The proclamation does not change the substantive scope or content of the Historic Cultural Heritage Amendment Act 2024; it only sets the day (1 January 2025) on which the Act's provisions commence, thereby affecting implementation timing and administrative readiness but not legal obligations themselves."},"complexity_factors":["Single-purpose instrument: only fixes a commencement date","Explicit statutory authority cited (s 2 of the Act)","No substantive amendments or regulatory detail included","Short, formal text with minimal discretionary language","Administrative responsibility clearly assigned to a single department","Primary effect is temporal (implementation timing) rather than legal substance"],"plain_english_summary":"This proclamation fixes 1 January 2025 as the commencement date for the provisions of the Historic Cultural Heritage Amendment Act 2024 (under s 2). It makes the Act’s amendments legally effective on that day and applies to persons and entities subject to the Act and to the department that administers it. The Governor, acting on Executive Council advice, sets the date; administrative responsibility lies with the Department of Natural Resources and Environment Tasmania. The instrument changes timing only and does not alter substantive law."},"issue_detection":{"absurdities":[{"type":"other","section":"Status Information - Currency of version","severity":"low","reasoning":"The proclamation itself contains no operative legislative provisions — no commencement date for the Amendment Act is proclaimed, no schedule of provisions is brought into force, and no substantive content exists beyond administrative metadata. A Proclamation instrument by definition must proclaim something (typically a commencement date or operative provision). The absence of any substantive proclamation renders the instrument legally vacuous and potentially of no legal effect.","confidence":0.85,"description":"The document states it is 'Version current from 24 December 2024 to date (accessed 5 April 2026 at 11:42)' while the file was last modified on 24 December 2024, yet the access date of 5 April 2026 implies the document was accessed approximately 16 months after its last modification, raising questions about whether the 'current' version is genuinely current given the stated 3 working day update policy."},{"type":"impossible_compliance","section":"Document Structure - Entire instrument","severity":"high","reasoning":"Under standard Tasmanian drafting practice and the Acts Interpretation Act 1931 (Tas), a proclamation is the mechanism by which a Governor brings legislation into force. A proclamation that contains no commencement date, no identification of provisions being commenced, and no operative words cannot lawfully commence any provision. Any person seeking to rely on the Historic Cultural Heritage Amendment Act 2024 as having been commenced by this instrument would find it legally defective.","confidence":0.9,"description":"The instrument as reproduced contains no operative clause whatsoever. A Proclamation under an amending Act must, at minimum, specify which provisions are being commenced and the date of commencement. Without these elements the instrument cannot fulfil its stated legal purpose."},{"type":"other","section":"Status Information - Update policy","severity":"low","reasoning":"Proclamations are not amended legislation; applying an amendment-tracking currency framework to a static one-time instrument is a categorical mismatch that could mislead users into expecting substantive updates that will never occur.","confidence":0.7,"description":"The site states legislation 'is usually updated within 3 working days after a change to the legislation,' yet the access timestamp (5 April 2026) is approximately 467 days after the file modification date (24 December 2024). If no amendments have been made in that period, the currency statement is technically accurate but creates an absurd implication that a proclamation — a one-time instrument — remains perpetually 'current' under a rolling currency framework designed for evolving statutes."}],"contradictions":[{"severity":"medium","section_a":"Title - 'Proclamation under the Historic Cultural Heritage Amendment Act 2024'","section_b":"Status Information - 'File last modified 24 December 2024'","confidence":0.75,"description":"The instrument purports to be a Proclamation under the Historic Cultural Heritage Amendment Act 2024, implying the parent Act was already in existence and in force as of 24 December 2024. However, if the Proclamation itself is the instrument required to bring the Amendment Act (or parts thereof) into force, the Act cannot simultaneously be the source of authority for the Proclamation and also be awaiting commencement by that same Proclamation — a classic bootstrapping contradiction."},{"severity":"medium","section_a":"Heading - 'Proclamation under the Historic Cultural Heritage Amendment Act 2024'","section_b":"Table of Amending Instruments reference","confidence":0.78,"description":"The instrument is titled as a primary Proclamation (SR-2024-094) yet simultaneously references a 'Table of Amending Instruments', implying this Proclamation has itself been amended. A Proclamation that commences legislation on a fixed date is a spent, one-time instrument incapable of meaningful amendment after the commencement date has passed, creating a logical contradiction between the instrument's nature and the amendment framework applied to it."}]}},"importantCases":[],"_links":{"self":"/api/acts/proclamation-under-the-historic-cultural-heritage-amendment-act-2024","history":"/api/acts/proclamation-under-the-historic-cultural-heritage-amendment-act-2024/history","analysis":"/api/acts/proclamation-under-the-historic-cultural-heritage-amendment-act-2024/analysis","conflicts":"/api/acts/proclamation-under-the-historic-cultural-heritage-amendment-act-2024/conflicts","importantCases":"/api/acts/proclamation-under-the-historic-cultural-heritage-amendment-act-2024/important-cases","documents":"/api/acts/proclamation-under-the-historic-cultural-heritage-amendment-act-2024/documents"}}