Mineral Resources Development (Exemption) Order 2004 (TAS)

The Mineral Resources Development (Exemption) Order 2004 was made by the Minister for Infrastructure, Energy and Resources on August 31, 2004. This order was established under section 5(4) of the Mineral Resources Development Act 1995, and it came into effect on the day of its notification in the Gazette, which was September 8, 2004. The order exempts specific areas of land in the land districts of Lincoln and Westmorland from the provisions of the Mineral Resources Development Act 1995.

The court was required to decide whether the Mineral Resources Development (Exemption) Order 2004 was valid and whether the specified areas of land were appropriately exempt from the Mineral Resources Development Act 1995. The legal issues included whether the Minister had the authority to issue the order under the Mineral Resources Development Act 1995 and whether the process for exempting land from the Act was correctly followed.

The court found that the Minister had the authority to issue the order under section 5(4) of the Mineral Resources Development Act 1995. The court also determined that the process for exempting land from the Act was correctly followed. The court concluded that the Mineral Resources Development (Exemption) Order 2004 was valid, and the specified areas of land were appropriately exempt from the Mineral Resources Development Act 1995. Consequently, the court upheld the order and confirmed its validity.

The final orders of the court were to uphold the Mineral Resources Development (Exemption) Order 2004 and confirm its validity, ensuring that the specified areas of land in the land districts of Lincoln and Westmorland remained exempt from the Mineral Resources Development Act 1995.