Mineral Resources Development (Exemption) Order 1998 (TAS)

Mineral Resources Development (Exemption) Order 1998 was a case where the Minister for Mines in Tasmania issued an exemption order under the Mineral Resources Development Act 1995, exempting a 1,110 square kilometre area from the application of the Act in relation to sand. The dispute arose when the Minister for Mines issued the order to exempt the specified area from the application of the Act in relation to sand. The court was required to determine whether the Minister had the power to issue such an exemption order and whether the order was valid and properly made.

The court considered whether the Minister had the power to issue the exemption order and whether the order was valid and properly made. The court held that the Minister had the power to issue the exemption order as it was authorised by section 5(4) of the Mineral Resources Development Act 1995. The court also held that the order was valid and properly made as it was made in accordance with the Act and the relevant rules and regulations.

The court's decision was that the Minister for Mines had the power to issue the exemption order and that the order was valid and properly made. The court's decision was based on the plain language of the Act and the relevant rules and regulations. The court also noted that the Minister had followed the correct procedures in issuing the order.

The court did not make any specific orders in relation to the exemption order as it was not challenged in the court. However, the court's decision provided clarity on the power of the Minister to issue such an exemption order and the validity and proper making of the order.