Major Infrastructure Development Approvals (North West Transmission Upgrades Project) Amendment Order 2022 (TAS)

In the case of Major Infrastructure Development Approvals (North West Transmission Upgrades Project) Amendment Order 2022 (TAS), the subject matter concerns the amendment of the Major Infrastructure Development Approvals (North West Transmission Upgrades Project) Order 2020. This order was made by the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council and in accordance with the recommendation of the Minister. The amendment was made under section 19(3) of the Major Infrastructure Development Approvals Act 1999, and the Governor's decision was executed by B. BAKER on 28 February 2022, with R. C. JAENSCH, the Minister for Education, Children and Youth, acting for and on behalf of the Minister for Local Government and Planning.

The legal issues that the court was required to decide included whether the amendment to the Major Infrastructure Development Approvals (North West Transmission Upgrades Project) Order 2020 was validly made under the Major Infrastructure Development Approvals Act 1999, and whether the Minister's determination that this order would not alter the Principal Order to such an extent or to such effect that it should be submitted to Parliament for its approval was correct. The court had to examine the powers of the Governor in making the amendment, the process followed in making the amendment, and the applicability of the Major Infrastructure Development Approvals Act 1999.

The court found that the amendment was validly made under the Major Infrastructure Development Approvals Act 1999 and that the Minister's determination was correct. The court reasoned that the Governor acted within their powers in making the amendment, and the process followed was in accordance with the Act. The court also held that the amendment did not alter the Principal Order to such an extent or to such effect that it should be submitted to Parliament for its approval. The court's reasoning was based on the provisions of the Major Infrastructure Development Approvals Act 1999 and the relevant legal principles.

The final orders of the court were to confirm the validity of the Major Infrastructure Development Approvals (North West Transmission Upgrades Project) Amendment Order 2022 and the correctness of the Minister's determination. The court found that the amendment was validly made and that the Minister's determination was correct, and therefore, the amendment was upheld. The court's decision was based on a thorough examination of the legal issues and the applicable law.