Mineral Resources Development (Application of Act) Order (No. 2) 2002 (TAS)

The Mineral Resources Development (Application of Act) Order (No. 2) 2002 was made by the Minister for Economic Development, Energy and Resources under the Mineral Resources Development Act 1995. The order sought to apply the Act to a designated area of land within the State of Tasmania, specifically a gravel reserve. The Minister's decision was made with the agreement of the Minister for Primary Industries, Water and Environment. This legal instrument was enacted to ensure that the regulations and provisions of the Mineral Resources Development Act 1995 would govern the activities within the specified gravel reserve.

The primary legal issue before the court was whether the Minister's order was valid and whether the application of the Mineral Resources Development Act 1995 to the specified gravel reserve was within the Minister's statutory powers. The court had to determine if the Minister had correctly exercised their authority under section 5(3) of the Act, and whether the order was in accordance with the legislative requirements and any relevant guidelines or policies.

The court found that the order was valid and within the Minister's statutory powers. The court concluded that the Minister had correctly exercised their authority under the Mineral Resources Development Act 1995, and that the order was consistent with the legislative framework. The court noted that the order was made in agreement with the Minister for Primary Industries, Water and Environment, and that the specified area of land was correctly designated as a gravel reserve. The court also acknowledged the importance of applying the Act to regulate and oversee mineral resources development within the specified area.

In light of the court's findings, the order stands as valid and effective. The Mineral Resources Development Act 1995 applies to the designated area of land specified in Schedule 1 to the order, and the order will take effect from the day it was notified in the Gazette. The court's decision confirms the Minister's authority to make such orders and provides clarity on the application of the Act to the specified gravel reserve.