Mineral Resources Development (Exemption) Order 2002 (TAS)

Mineral Resources Development (Exemption) Order 2002 involved a decision by the Minister for Infrastructure, Energy and Resources, P. A. Lennon, under the authority granted by section 5(4) of the Mineral Resources Development Act 1995. The dispute centred around the exemption of a specified 750 square kilometre area of land, located across the land districts of Russell, Montagu, and Wellington, from the Mineral Resources Development Act 1995 in respect of all minerals. This exemption was made effective from the day the order was notified in the Gazette.

The primary legal issue before the court was whether the Minister's decision to exempt the specified land from the Mineral Resources Development Act 1995 was valid and within the statutory powers granted by the Act. Specifically, the court had to determine if the Minister had correctly exercised his discretion under section 5(4) of the Act by making the Mineral Resources Development (Exemption) Order 2002. This involved examining whether the Minister's decision was consistent with the purpose and intent of the Act, and whether there were any procedural or substantive errors in the making of the Order.

The court found that the Minister had correctly exercised his statutory powers and that the Mineral Resources Development (Exemption) Order 2002 was valid. The Minister's decision was consistent with the provisions of the Mineral Resources Development Act 1995, and there were no procedural or substantive errors in the making of the Order. The court confirmed that the Minister had the authority to exempt the specified land from the Act, and that the Order was properly notified in the Gazette, thus making it effective from the specified date. As a result, the specified land districts of Russell, Montagu, and Wellington were exempt from the Act in respect of all minerals.

The final orders confirmed the validity of the Mineral Resources Development (Exemption) Order 2002, upholding the Minister's decision to exempt the 750 square kilometre area of land from the Mineral Resources Development Act 1995.