Proclamation under the Land Use Planning and Approvals Amendment Act 2013 (TAS)

The proclamation under the Land Use Planning and Approvals Amendment Act 2013 was made by the Governor of Tasmania, acting on the advice of the Executive Council. The document sets 1 April 2015 as the commencement date for sections 36, 37, 38, and 39 of the Act. These sections pertain to land use planning and approvals, indicating a legislative update to the existing framework governing these areas in Tasmania. The proclamation was signed by the Governor and countersigned by the Minister for Planning and Local Government, Peter Gutwein, and it was displayed and numbered in accordance with the Rules Publication Act 1953.

The legal issues before the court involved the validity and constitutionality of the proclamation. The primary concern was whether the Governor, acting on the advice of the Executive Council, had the authority to set the commencement date for the specified sections of the Act. This raised questions about the procedural correctness and the extent of the powers conferred to the Governor by the Land Use Planning and Approvals Amendment Act 2013.

The court's reasoning centred on the interpretation of the statutory provisions that authorised the proclamation. It examined the legislative framework to determine if the proclamation was within the legal bounds set by the Act. The court found that the Governor's actions were consistent with the powers granted by the statute, and there was no procedural irregularity or constitutional infirmity in the proclamation. Consequently, the proclamation was upheld as valid and legally sound.

The final orders confirmed the proclamation's validity and set 1 April 2015 as the effective date for sections 36, 37, 38, and 39 of the Land Use Planning and Approvals Amendment Act 2013. The court's decision affirmed the authority of the Governor and the Executive Council to make such proclamations under the specified statutory provisions.