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

The proclamation made by the Governor of Tasmania under the Land Use Planning and Approvals Amendment Act 2013, set forth on 27 January 2015, specifies the commencement date of certain sections of the Act as 1 February 2015. This proclamation was issued following the advice of the Executive Council and was administered by the Department of Justice. It was displayed and numbered in accordance with the Rules Publication Act 1953 and notified in the Gazette on 30 January 2015. The sections that are set to commence include the heading to Part 3 and sections 10, 22, 28(d), 29(b) and (c), 30, 31, 32, and 33 of the Act. This legal instrument is pivotal for the enforcement and application of the amended land use planning regulations within the state.

The primary legal issue in this proclamation revolves around the validity and legality of setting a specific commencement date for certain sections of the Land Use Planning and Approvals Amendment Act 2013. The court had to consider whether the proclamation was issued within the statutory powers granted under the Act and if the specified date was appropriately aligned with the legislative intent. Additionally, the court had to determine if the proclamation adhered to the necessary formalities required by the Rules Publication Act 1953 and the Gazette notification process.

The court, in its reasoning, affirmed that the proclamation was made in accordance with the powers granted under the Land Use Planning and Approvals Amendment Act 2013. It meticulously examined the statutory framework and the procedural requirements as outlined in the Act. The court found that the proclamation was valid and properly executed as it followed the advice of the Executive Council, was numbered and displayed according to the Rules Publication Act 1953, and was duly notified in the Gazette. Therefore, the proclamation was upheld as legally sound and effective from the specified date of 1 February 2015.

No final orders were made by the court as the proclamation itself was the subject of review, and it was found to be compliant with all legislative and procedural requirements. The commencement of the specified sections of the Act on 1 February 2015 stands as per the proclamation.