Launceston Flood Risk Management Order 2023 (TAS)

In the matter of the Launceston Flood Risk Management Order 2023, the respondent was the Minister for Local Government of Tasmania, and the applicant was the Department of Natural Resources and Environment Tasmania. The dispute arose out of the need to manage flood risk in Launceston, and the matter was heard by the Supreme Court of Tasmania. The court was required to determine whether the proposed flood risk management order was consistent with the objectives of the Launceston Flood Risk Management Act 2015, and whether the order would be effective in managing flood risk in the area.

The court considered the evidence presented by both parties and examined the relevant statutory provisions. It found that the proposed order was consistent with the objectives of the Principal Act and would be effective in managing flood risk in Launceston. The court also found that the order was necessary to prevent or mitigate the adverse effects of flooding in the area. The court was satisfied that the proposed order was a reasonable and proportionate response to the flood risk, and that it would not have an unreasonable impact on the community.

The court made the Launceston Flood Risk Management Order 2023 under section 4(1) of the Launceston Flood Risk Management Act 2015. The order took effect on the day on which it was notified in the Gazette. The order is administered by the Department of Natural Resources and Environment Tasmania, and it is incorporated into the authorised version of the Principal Act. The court's decision was based on a careful consideration of the evidence and the relevant statutory provisions, and it provides a framework for managing flood risk in Launceston.