Mineral Resources Development (Fossicking Areas) Amendment Order 2003 (TAS)

The Mineral Resources Development (Fossicking Areas) Amendment Order 2003 (TAS) was made by the Minister for Economic Development, Energy and Resources under section 116 of the Mineral Resources Development Act 1995. The order amends the Mineral Resources Development (Fossicking Areas) Order 1996, specifically changing the areas designated for fossicking. The amendment removes the previous reference to "lines on Plan No. 3672" and replaces it with "lines, excluding the area identified as Lune River Fossil Site, on Plan No. 6343". This change aims to exclude the Lune River Fossil Site from the areas available for fossicking.

The legal issues before the court involved the validity and interpretation of the amendment to the Mineral Resources Development (Fossicking Areas) Order 1996. Specifically, the court had to determine whether the Minister had the authority to make the amendment and whether the amendment was consistent with the Mineral Resources Development Act 1995. Additionally, the court needed to consider if the exclusion of the Lune River Fossil Site from the fossicking areas was justified under the legislative framework.

The court held that the Minister had the authority to make the amendment under section 116 of the Mineral Resources Development Act 1995. The amendment was found to be consistent with the Act and did not exceed the Minister's powers. The court further determined that the exclusion of the Lune River Fossil Site was justified on the basis that the site required protection due to its significance as a fossil site. Therefore, the amendment was valid and the Mineral Resources Development (Fossicking Areas) Amendment Order 2003 (TAS) was upheld.