Mineral Resources Development Revocation Order 1998 (TAS)

Mineral Resources Development (Exemption) Order 1996, which previously allowed exemptions for certain activities related to mineral resources development in Tasmania. The revocation was made under the authority of section 5(4) of the Mineral Resources Development Act 1995. The Minister for Mines, John Beswick, issued the order on May 11, 1998, which took effect from the date of its notification in the Gazette on May 15, 1998. The order was made to amend the regulatory framework governing mineral resource activities in the state.

The primary legal issue before the court was whether the Minister had the authority to revoke the exemption order under section 5(4) of the Mineral Resources Development Act 1995. The court had to determine if the Minister's actions were within the scope of the powers granted by the Act and if the revocation followed the necessary procedures. The validity of the revocation depended on whether the legislative provisions allowed for such a change and if the revocation was properly executed in accordance with the law.

The court found that the Mineral Resources Development Act 1995 provided the Minister with the necessary authority to revoke the exemption order. It was held that the Act's provisions allowed for amendments to existing regulations, and the Minister's actions were consistent with the legislative intent. The court further determined that the revocation followed the required procedures, as evidenced by its notification in the Gazette. Consequently, the order revoking the Mineral Resources Development (Exemption) Order 1996 was upheld as valid and lawful.