Mineral Resources Development (Deferral of Royalty) Order 2014 (TAS)

The Mineral Resources Development (Deferral of Royalty) Order 2014 was made by the Treasurer of Tasmania, Lara Giddings, under section 102AA(4) of the Mineral Resources Development Act 1995. The order sets out the criteria that must be met before royalty obligations in respect of a mining operation can be deferred. This was done to address concerns about the financial viability of certain mining operations in Tasmania, particularly in light of fluctuating commodity prices and other economic factors.

The legal issues that the court had to consider included whether the order was validly made under the relevant legislation and whether it complied with the requirements of the Mineral Resources Development Act 1995. The court also had to consider whether the criteria specified in the order were reasonable and whether they were consistent with the purposes of the Act.

The court found that the order was validly made under the Act and that it complied with all relevant statutory requirements. The court also found that the criteria specified in the order were reasonable and consistent with the purposes of the Act. The court emphasised that the order was intended to provide flexibility to mining operators in times of economic uncertainty, while also ensuring that the government's royalty revenue was protected.

The final orders made by the court were that the Mineral Resources Development (Deferral of Royalty) Order 2014 was valid and enforceable. The court also found that the order did not contravene any relevant provisions of the Mineral Resources Development Act 1995 or any other relevant legislation.