Local Government Order 2004 (TAS)

The Local Government Order 2004 was made under the Local Government Act 1993 by J.G. Cox, the Minister Assisting the Premier on Local Government. The dispute involves the transfer of specific land in St Marys, Tasmania, from its current owner to the Break O’Day Council. The land in question is situated at Gillies Road and is documented in Volume 206762, Folio 1 of the Register maintained under the Land Titles Act 1980. The order was issued on 21 September 2004 and came into effect upon its notification in the Gazette on 6 October 2004.

The legal issues before the court primarily revolved around the validity and scope of the Minister's authority to issue the Local Government Order 2004. The court had to determine whether the Minister had the lawful power to transfer the specified land to the Break O’Day Council under section 137(1)(b) of the Local Government Act 1993. Additionally, the court examined whether the order complied with the necessary procedural requirements, including proper notification and publication as mandated by the Rules Publication Act 1953.

The court found that the Minister had the requisite authority to issue the order under the Local Government Act 1993. It was established that the Minister's actions were within the scope of their statutory powers. Furthermore, the court confirmed that the order met all procedural requirements, including proper notification in the Gazette and adherence to the Rules Publication Act 1953. Consequently, the court upheld the validity of the Local Government Order 2004, affirming the transfer of the specified land to the Break O’Day Council.

The final orders of the court affirmed the transfer of the land at Gillies Road in St Marys to the Break O’Day Council, as specified in the Local Government Order 2004. The court's decision validated the Minister's actions and confirmed the procedural correctness of the order.