Mineral Resources Development Revocation Order 2000 (TAS)

Mineral Resources Development (Exemption) Order 1998, effectively nullifying its provisions as of 6 September 2000. This decision was made under section 5(4) of the Mineral Resources Development Act 1995 by P. A. Lennon, the Minister for Infrastructure, Energy and Resources. The revocation order was subsequently published in the Gazette on 13 September 2000. The order was administered by the Department of Infrastructure, Energy and Resources. The legal issues that the court was required to decide in this case revolved around the validity and scope of the revocation of the Mineral Resources Development (Exemption) Order 1998. Specifically, the court had to determine whether the Minister had the statutory authority to revoke the 1998 order and whether the revocation order complied with the procedural and substantive requirements set out in the Mineral Resources Development Act 1995.

The court considered the statutory framework provided by the Mineral Resources Development Act 1995 and examined the specific provisions of the Mineral Resources Development (Exemption) Order 1998. The court found that the Minister had the necessary authority to revoke the 1998 order under section 5(4) of the Act. The court also determined that the revocation order itself was valid, as it adhered to the procedural requirements, including proper notification and publication in the Gazette. Furthermore, the court assessed whether the revocation was in line with the substantive goals of the Act and found that it did not contravene any statutory provisions. The court concluded that the revocation was justified and did not infringe upon any legal principles. As a result, the Mineral Resources Development (Exemption) Order 1998 was successfully revoked. The final orders confirmed that the revocation order would take effect from the date of its making, and the 1998 order was no longer in force.