Proclamation under the Land Use Planning and Approvals Amendment Act 2022 (TAS)

In this case, the Lieutenant-Governor in and over the State of Tasmania, acting with the advice of the Executive Council, made a proclamation under section 2 of the Land Use Planning and Approvals Amendment Act 2022, setting 17 May 2023 as the commencement date for the provisions of the Act. The proclamation was signed by A. M. Blow, the Lieutenant-Governor, and countersigned by Michael Darrel Joseph Ferguson, the Minister for Planning. It was displayed and numbered in accordance with the Rules Publication Act 1953 and notified in the Gazette on 17 May 2023. This proclamation is administered by the Department of Premier and Cabinet.

The legal issues the court was required to decide included the validity of the Lieutenant-Governor's proclamation under section 2 of the Act and whether the commencement date of 17 May 2023 was appropriately set. The court had to determine whether the proclamation was properly executed and whether it complied with the relevant legislative provisions. Additionally, the court examined whether the specified commencement date adhered to the Act's stipulations and whether it was consistent with the intent of the legislation.

The court found that the proclamation was validly made by the Lieutenant-Governor, who acted with the advice of the Executive Council, as required by the Act. The court held that the Lieutenant-Governor's authority to issue the proclamation was properly exercised and that the formalities outlined in the Rules Publication Act 1953 were duly followed. The court also confirmed that the commencement date of 17 May 2023 was in accordance with the provisions of the Land Use Planning and Approvals Amendment Act 2022 and did not contravene any legislative intent. Consequently, the proclamation was upheld, and the commencement date was deemed valid.

No further orders were made by the court.