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Historic Cultural Heritage Act 1995
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Explain section 3 Interpretation
In this Act –
[Section 3 Amended by No. 18 of 2021, s. 213, Applied:05 Nov 2021] Appeal Tribunal means the Tasmanian Civil and Administrative Tribunal;
[Section 3 Amended by No. 25 of 2024, s. 4, Applied:01 Jan 2025]
[Section 3 Amended by No. 25 of 2024, s. 4, Applied:01 Jan 2025] building has the same meaning as in the Planning Act;
chairperson means the chairperson of the Heritage Council;
conservation , in relation to a place, includes –
(a) the retention of the historic cultural heritage significance of the place; and
(b) any maintenance, preservation, restoration, reconstruction or adaptation of the place;
development includes –
(a) the construction, exterior alteration or exterior decoration of a building; and
(b) the demolition or removal of a building; and
(c) the subdivision or consolidation of land, including buildings or airspace; and
(d) the placing or relocating of a building; and
(e) the construction, or putting up for display, of signs or hoardings;
Fund means the Heritage Fund established under Part 3 ;
[Section 3 Amended by No. 70 of 2013, s. 4, Applied:01 Mar 2014] GDA means –
(a) the Geocentric Datum of Australia (also known as "the GDA" or "GDA94") as defined in the No. GN 35, 6 September 1995, as amended from time to time; or
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(b) another geodetic reference system substituted for the Geocentric Datum of Australia referred to in paragraph (a) by the Intergovernmental Committee on Surveying and Mapping (established in 1988), as amended from time to time;
heritage agreement means an agreement in force under Part 7 ;
heritage area means an area declared as such under Part 5 ;
Heritage Council means the Tasmanian Heritage Council established under section 5 ;
Heritage Register means the Tasmanian Heritage Register kept under Part 4 ;
law includes any enactment, regulations, rules, by-laws or proclamation;
[Section 3 Amended by No. 70 of 2013, s. 4, Applied:01 Mar 2014] local public notice , in relation to any process affecting any place, means a notice published –
(a) in a daily newspaper published in the State and circulating generally in the region in which the place is located; and
(b) by one or more of the following means also:
(i) in the Gazette ;
(ii) any electronic means the Heritage Council considers appropriate in the circumstances;
owner includes any mortgagee, lessee or other person who has an interest in property;
place includes –
(a) a site, precinct or parcel of land; and
(b) [Section 3 Amended by No. 25 of 2024, s. 4, Applied:01 Jan 2025] any building or part of a building, including fixtures; and
(c) any shipwreck; and
(d) [Section 3 Amended by No. 25 of 2024, s. 4, Applied:01 Jan 2025] any objects related to the place; and
(e) [Section 3 Amended by No. 25 of 2024, s. 4, Applied:01 Jan 2025] any open outdoor spaces, built landscape features, gardens or plants on the place that contribute to the historic cultural heritage significance of the place;
primary production means production resulting directly from –
(a) the cultivation of land; and
(b) the maintenance of animals or poultry for the purpose of selling them or their bodily produce; and
(c) the manufacture of dairy produce by a person who produces the raw material used in the manufacture; and
(d) fishing operations; and
(e) forest operations; and
(f) mining operations; and
(g) horticulture;
protected zone means a zone declared to be a protected zone under section 69 ;
shipwreck includes a shipwreck site and any maritime relic;
stopwork order means an order made under Part 8 ;
works includes –
(a) any development; and
(b) any physical intervention, excavation or action which may result in a change to the nature or appearance of the fabric of a place; and
(c) any change to the natural or existing condition or topography of land; and
(d) [Section 3 Amended by No. 70 of 2013, s. 4, Applied:01 Mar 2014]
(e) any removal of vegetation or topsoil;
Section 3 - Historic Cultural Heritage Act 1995 - Interpretation | Zoe