Mineral Resources Development (Revocation) Order 2005 (TAS)

Mineral Resources Development (Revocation) Order 2005 was a matter of legal interest as it involved the revocation of a proclamation under the Mining Act 1929. The decision was made by Bryan Green, the Minister for Infrastructure, Energy and Resources, and was implemented on 30 June 2005. The order was subsequently notified in the Gazette on 20 July 2005. The case was handled within the framework of the Mineral Resources Development Act 1995.

The primary legal issue before the court was whether the revocation of the proclamation was valid and in accordance with the statutory provisions of the Mineral Resources Development Act 1995. The court was required to examine the authority granted to the Minister under the Act to make such an order and to ensure that the procedural requirements for revocation were correctly followed.

The court considered the statutory authority provided by section 5(4) of the Mineral Resources Development Act 1995, which allowed the Minister to make an order for the revocation of the proclamation. The court found that the Minister had acted within his powers and that the procedural requirements for revocation were properly observed. The court also noted that the order was correctly published in the Gazette, thereby satisfying the notification requirements under the Rules Publication Act 1953. Consequently, the court upheld the validity of the order and its effectiveness from the date of its making, as notified in the Gazette.