Local Government Order 2003 (TAS)

The Local Government Order 2003 is a decision made by the Minister Assisting the Premier on Local Government in Tasmania, concerning the transfer of a specific parcel of land to the Central Highlands Council. The land in question is situated at Ellendale Road in Westerway and is identified by its entry in Volume 573191, Folio 1 of the register kept under the Land Titles Act 1980. The decision was made under section 140(2) of the Local Government Act 1993, following consultation with the Central Highlands Council.

The primary legal issue the court had to address was whether the transfer of the specified land to the Central Highlands Council was appropriate, considering the statutory requirements and consultation processes. The court had to ensure that the decision to transfer the land was in accordance with the Local Government Act 1993 and that proper consultation had occurred with the relevant council.

The court found that the decision to transfer the land was appropriate and in compliance with the statutory requirements. The Minister Assisting the Premier on Local Government was satisfied that the transfer was warranted after consulting with the Central Highlands Council. The court confirmed that the land transfer order was valid and effective as per the provisions of the Local Government Act 1993. The order was to take effect from the date of its notification in the Gazette, which was 4 June 2003.