Historic Cultural Heritage Amendment Act 2002

Historic Cultural Heritage Amendment Act 2002

An Act to amend the Historic Cultural Heritage Act 1995

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1.   Short title

This Act may be cited as the Historic Cultural Heritage Amendment Act 2002 .

2.   Commencement

This Act commences on the day on which this Act receives the Royal Assent.

3.   Principal Act

In this Act, the Historic Cultural Heritage Act 1995 is referred to as the Principal Act.

4.    Section 3 amended (Interpretation)

Section 3 of the Principal Act is amended by omitting "Council;" from the definition of member and substituting "Council and includes an alternate member;".

5.    Section 6 amended (Constitution of Heritage Council)

Section 6 of the Principal Act is amended as follows:

(a) by omitting from subsection (1)(k) "Tourism Council of Australia (Tasmania Branch)" and substituting "Tourism Council of Tasmania";

(b) by inserting the following subsections after subsection (1B) :

(1C)  The Minister may appoint a State Service officer or State Service employee employed in the Department, or having knowledge or expertise in relation to the State's historic cultural heritage, as an alternate member for the member referred to in subsection (1)(b) .

(1D)  The alternate member is to act as a member of the Heritage Council only if the member referred to in subsection (1)(b) is –

(a) absent from a meeting of the Heritage Council; or

(b) incapable of acting as a member of the Heritage Council.

(1E)  If the alternate member acts as a member of the Heritage Council –

(a) he or she may exercise all the powers of the member for whom he or she is an alternate; and

(b) all things done or omitted to be done by the alternate member are as valid, and have the same consequences, as if they had been done or omitted to be done by the member for whom he or she is an alternate.

6.    Section 26 amended (Notice of entry in or removal from Register)

Section 26 of the Principal Act is amended by omitting paragraph (b) and substituting the following paragraph:

(b) if an objection or submission was lodged under this Part, by notice published in a daily newspaper circulating in the area in which the place is situated; and

7.    Schedule 1 amended (Provisions with respect to membership of Heritage Council)

Clause 1 of Schedule 1 to the Principal Act is amended as follows:

(a) by omitting from subclause (1) "appointment." and substituting "appointment and, if otherwise qualified, is eligible for reappointment from time to time.";

(b) by omitting subclauses (2) and (3) .

[Second reading presentation speech made in:

House of Assembly on 21 MARCH 2002

Legislative Council on 21 MAY 2002]