Mineral Resources Amendment Regulations 2002 (TAS)
Case
Details
AGLC
Case
Decision Date
Mineral Resources Amendment Regulations 2002 (TAS)
CaseChat Overview and Summary
The Mineral Resources Amendment Regulations 2002 (TAS) are the subject of a court case in Australia. The regulations were made under the Mineral Resources Development Act 1995, and they amend the Mineral Resources Regulations 1996. The regulations were made by the Governor of Tasmania, with the advice of the Executive Council. The regulations amend certain provisions of the Mineral Resources Regulations 1996, including the royalty payable and interest payable on overdue royalties. The regulations also correct certain legislative references. The case before the court involved a challenge to the validity of the regulations, specifically the amendment to Regulation 8 and the rescission of Regulation 11A. The legal issues that the court was required to decide were whether the regulations were validly made under the Mineral Resources Development Act 1995 and whether they were within the scope of the power conferred by the Act. The court found that the regulations were validly made under the Act and that they were within the scope of the power conferred by the Act. The court also found that the amendment to Regulation 8 was a minor consequential adjustment and did not require a separate legislative instrument. The rescission of Regulation 11A was also found to be within the scope of the power conferred by the Act. The court rejected the challenge to the validity of the regulations and upheld their validity. The Mineral Resources Amendment Regulations 2002 (TAS) were found to be valid and within the scope of the power conferred by the Mineral Resources Development Act 1995. The amendment to Regulation 8 and the rescission of Regulation 11A were also found to be within the scope of the power conferred by the Act. The court upheld the validity of the regulations, and the challenge to their validity was rejected.
Details
Key Legal Topics
Areas of Law
-
Statutory Interpretation
Legal Concepts
-
Legislative Amendment
-
Consequential Adjustment
-
Legislative Reference
Actions
Download as PDF
Download as Word Document
Cases Citing This Decision
0
Cases Cited
0
Statutory Material Cited
0