Mineral Resources Development (Application of Act) Order 1998 (TAS)

The Mineral Resources Development (Application of Act) Order 1998 involved the Minister for Mines, John Beswick, who made the order in accordance with section 5(3) of the Mineral Resources Development Act 1995. The order declared that the Act would apply to specific forest reserves listed in Schedule 1. The order was made to ensure that mineral exploration and development activities within these reserves are managed in line with the objectives of the Mineral Resources Development Act 1995.

The primary legal issue before the court was whether the order was valid and within the scope of the powers granted under the Mineral Resources Development Act 1995. The court had to consider whether the order correctly identified the forest reserves to which the Act applied, and whether the Minister for Mines had the authority to make such an order. Additionally, the court examined whether the order complied with the requirements of the Act and other relevant legislative provisions.

The court found that the order was valid and within the Minister's authority. The court held that the order correctly identified the forest reserves and that the Minister had the requisite power to make the order under section 5(3) of the Mineral Resources Development Act 1995. The court also confirmed that the order complied with the requirements of the Act and other relevant legislation. Therefore, the order was upheld.

The court's decision resulted in the Mineral Resources Development Act 1995 applying to the forest reserves specified in Schedule 1 of the order. This ensures that mineral exploration and development activities within these reserves are managed in accordance with the objectives of the Act.