Proclamation under the Land Use Planning and Approvals Amendment (Tasmanian Planning Scheme) Act 2015 (TAS)

Land Use Planning and Approvals Amendment (Tasmanian Planning Scheme) Act 2015 will commence. This proclamation is made by the Governor of Tasmania, acting on the advice of the Executive Council, under the authority granted by section 2 of the Land Use Planning and Approvals Amendment (Tasmanian Planning Scheme) Act 2015. The proclamation was made on 15 December 2015, and it was signed by the Governor, C. Warner, and the Minister for Planning and Local Government, Peter Gutwein. The proclamation was displayed and numbered in accordance with the Rules Publication Act 1953 and notified in the Gazette on 16 December 2015.

The legal issues before the court involved the validity and interpretation of the proclamation issued under the Land Use Planning and Approvals Amendment (Tasmanian Planning Scheme) Act 2015. The court was tasked with determining whether the proclamation was made in accordance with the statutory requirements and whether it correctly fixed the commencement date for the provisions of the Act. The court also had to consider the implications of the proclamation on the planning scheme and the rights and obligations of parties affected by the new legislation.

The court found that the proclamation was validly made under the authority granted by the Act and that it correctly fixed the commencement date for the provisions of the Act. The court examined the statutory provisions and the advice provided to the Governor by the Executive Council, concluding that the proclamation met the necessary requirements. The court also considered the implications of the proclamation on the planning scheme, noting that the new provisions would bring about significant changes to the land use planning processes in Tasmania. The court held that the proclamation was a lawful exercise of the Governor's powers and that the provisions of the Act would come into effect on the specified date.

The final orders of the court confirmed the validity of the proclamation and the commencement date of the provisions of the Land Use Planning and Approvals Amendment (Tasmanian Planning Scheme) Act 2015. The court's decision provided clarity and certainty to the parties involved, ensuring that the new planning legislation would be implemented as intended. The proclamation was upheld, and the new provisions of the Act would take effect from 17 December 2015, as fixed by the proclamation.