Proclamation under the Local Government (Building and Miscellaneous Provisions) Act 1993 (TAS)

In the Supreme Court of Tasmania, the Huon Valley Council petitioned the Governor to proclaim an area within their municipal jurisdiction as a water district. The proclamation aimed to designate this area as the Geeveston Water District and to revoke a previous proclamation from 1966. The Governor, acting on advice and following the council's petition, issued the proclamation under section 198 of the Local Government (Building and Miscellaneous Provisions) Act 1993. The proclamation, which took effect upon its notification in the Gazette on 27 May 1998, included defining the limits of the water district, as outlined in Schedule 1, and cancelling the previous proclamation as stated in Statutory Rules 1966, No. 87.

The court had to determine the validity of the Governor's proclamation, including whether the process adhered to the statutory requirements and whether the council had the authority to petition for such a proclamation. The court also had to consider whether the defined area appropriately qualified as a water district under the Act. Furthermore, the court examined whether the proclamation's revocation of the 1966 proclamation was justified and correctly executed.

The court found that the Governor acted within the scope of the Act when issuing the proclamation, as the process followed the prescribed statutory requirements. The court also determined that the Huon Valley Council had the authority to petition for the proclamation, and the defined area met the criteria to be classified as a water district. The court confirmed that the revocation of the 1966 proclamation was valid, as the new proclamation provided a comprehensive update to the water district's boundaries and governance.

The court upheld the proclamation, affirming the Governor's decision to declare the specified area as the Geeveston Water District, revoke the 1966 proclamation, and establish the new boundaries as defined. This decision ensures that the proclamation aligns with the statutory framework and serves the council's purpose in managing water resources within the municipal area.