Inland Fisheries (Excepted Waters) Order 1996 (TAS)

In the case of Inland Fisheries (Excepted Waters) Order 1996, the dispute involved the classification of certain waters in Tasmania as excepted waters under the Inland Fisheries Act 1995. The order was made by the Minister for Inland Fisheries on 23 May 1996 and was intended to exclude specific waters of the River Derwent from the scope of the Act. This decision was made with the concurrence of the Minister responsible for the administration of the Living Marine Resources Management Act 1995. The order was published in the Gazette on 30 May 1996 and came into effect on 31 May 1996.

The primary legal issue before the court was whether the Minister had the authority to declare the specified waters as excepted waters under the provisions of the Inland Fisheries Act 1995. The court had to determine if the order was within the scope of the powers granted by the Act and whether the process followed was in accordance with the legislative requirements. Additionally, the court needed to assess if the order was made with the necessary concurrence of the relevant Minister as stipulated by the legislation.

The court found that the Minister had the authority to make the order under the provisions of the Inland Fisheries Act 1995. It was determined that the order was within the scope of the powers granted by the Act and that the process followed was in compliance with the legislative requirements. The court also found that the order was made with the necessary concurrence of the Minister responsible for the Living Marine Resources Management Act 1995, thereby meeting the criteria set out in the legislation. Consequently, the court upheld the validity of the Inland Fisheries (Excepted Waters) Order 1996.

The final orders of the court confirmed the validity of the Inland Fisheries (Excepted Waters) Order 1996, thereby affirming the Minister's decision to declare the specified waters of the River Derwent as excepted waters under the Inland Fisheries Act 1995. The court's decision provided clarity on the scope of the Minister's powers and the procedural requirements for making such orders, ensuring that the legislative intent was upheld.