Mineral Resources Development (Fossil Site) Order 2004 (TAS)

The Mineral Resources Development (Fossil Site) Order 2004 was issued under the Mineral Resources Development Act 1995 by the Minister for Infrastructure, Energy and Resources, Bryan Green, on August 15, 2004. The order, which came into effect upon notification in the Gazette on September 1, 2004, declares a specified area in Christmas Hills to be a fossil site. This declaration was made to protect and preserve significant paleontological resources found within the area.

The primary legal issue addressed in this order was whether the specified area in Christmas Hills warranted protection as a fossil site under the Mineral Resources Development Act 1995. The court had to consider the evidence of paleontological significance and the necessity for declaring the area a fossil site to ensure the preservation of these resources. The order was made in response to the need to protect the fossil site, which contained significant geological and paleontological features of state importance.

The court, in making the order, considered the provisions of the Mineral Resources Development Act 1995 and the importance of preserving the paleontological features of the area. The declaration of the site as a fossil site was deemed necessary to protect these significant resources from potential harm due to mineral exploration or other activities that might compromise the integrity of the site. The court concluded that the specified area met the criteria for being declared a fossil site and thus upheld the Minister's decision.

The final orders of the court confirmed the declaration of the area in Christmas Hills as a fossil site, effective from the date of notification in the Gazette. This order ensures that the specified area is protected under the Mineral Resources Development Act 1995, with the primary objective of preserving its paleontological significance.