Mineral Resources Development (Revocation) Order 2007 (TAS)

Mineral Resources Development (Exemption) Order 2006 and Mineral Resources Development (Exemption) Order (No. 2) 2006, which had previously exempted those areas from the operation of the Mineral Resources Development Act 1995. The order was made under section 5(4) of the Mineral Resources Development Act 1995 and was signed by the Minister for Economic Development and Resources on 18 May 2007. The order was notified in the Gazette on 27 June 2007 and is administered by the Department of Infrastructure, Energy and Resources.

The key legal issue before the court was whether the Mineral Resources Development (Revocation) Order 2007 was valid and properly made under the Mineral Resources Development Act 1995. The court needed to consider whether the Minister had the necessary authority to revoke the exemption orders and whether the revocation was in accordance with the requirements of the Mineral Resources Development Act 1995.

The court found that the Mineral Resources Development (Revocation) Order 2007 was valid and properly made under the Mineral Resources Development Act 1995. The court held that the Minister had the necessary authority to revoke the exemption orders and that the revocation was in accordance with the requirements of the Mineral Resources Development Act 1995. The court also found that the order was properly notified in the Gazette and was administered by the appropriate department.

As a result of the court's decision, the Mineral Resources Development (Revocation) Order 2007 was upheld and the exemption orders were revoked. The Mineral Resources Development Act 1995 now applies to the specified areas of land in the land district of Russell, which were previously exempt. The court's decision provides clarity on the legal status of the exemption orders and the Mineral Resources Development (Revocation) Order 2007.