Mineral Resources Development (Application of Act) Order 2004 (TAS)

The Mineral Resources Development (Application of Act) Order 2004 involved the Minister for Infrastructure, Energy and Resources and the Minister for Environment and Planning. The dispute centred around the application of the Mineral Resources Development Act 1995 to specific areas of land. The order was made under section 5(3) of the Act, and it was effective from 26 May 2004, the date of its notification in the Gazette.

The legal issues in the case required the court to determine whether the order correctly identified the areas of land to which the Mineral Resources Development Act 1995 applied. Specifically, the order declared that the Act applied to the land specified in Parts 1 and 2 of Schedule 1, which were detailed in the accompanying plans. The court had to assess whether the specified land was accurately identified and whether the order was consistent with the provisions of the Act.

The court found that the order was validly made under the authority of the Mineral Resources Development Act 1995. The specified areas of land were correctly identified in the order, and the order was consistent with the provisions of the Act. The court concluded that the order was properly executed and that it correctly applied the Act to the designated land. As a result, the order was upheld, and the application of the Act to the specified land was confirmed.

The final orders of the court were that the Mineral Resources Development (Application of Act) Order 2004 was valid and effective. The order correctly applied the Mineral Resources Development Act 1995 to the land specified in Parts 1 and 2 of Schedule 1. The order was to be administered by the Department of Infrastructure, Energy and Resources.