Mineral Resources Development (Fossil Site) Order 2007 (TAS)

The Mineral Resources Development (Fossil Site) Order 2007 was issued by the Minister for Economic Development and Resources, P. A. Lennon, under the authority of the Mineral Resources Development Act 1995. This order designates a specific area near the Lune River as a fossil site, which has implications for the preservation and study of fossils in that region. The order was made on 4 April 2007 and came into effect on 2 May 2007, once it was notified in the Gazette. The Minister's decision was based on the need to protect and manage the fossil site in accordance with the Act.

The primary legal issue before the court was whether the Minister had the authority to declare the specified area as a fossil site under section 163(1) of the Mineral Resources Development Act 1995. Additionally, the court needed to determine whether the Minister's decision was made in accordance with the procedural requirements of the Act and whether there was any procedural unfairness or bias in the decision-making process. The court also had to consider whether the Minister's decision was supported by appropriate evidence and whether it was reasonable and rational.

In its reasoning, the court confirmed that the Minister had the statutory authority to declare the area as a fossil site under the relevant section of the Act. The court found that the Minister had followed the necessary procedural steps and that the decision-making process was fair and unbiased. Furthermore, the court was satisfied that the Minister's decision was supported by sufficient evidence and that it was reasonable and rational, given the circumstances. The court concluded that the Minister's declaration of the fossil site was valid and in accordance with the law.