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

In the matter of the Local Government (Building and Miscellaneous Provisions) Act 1993 (TAS), the Brighton Council petitioned the Governor of Tasmania to issue a proclamation altering the classification of certain land as a restricted supply water district and a water district. The proclamation was made on the advice of the Executive Council and seeks to change the designation of land in the area known as Cove Hill. The primary dispute involved the reclassification of the Cove Hill Restricted Supply Water District and Cove Hill Water District as defined in Statutory Rules 1996, No. 20. The legal issues before the court included whether the Governor had the requisite authority to make the proclamation under the provisions of the Act and whether the proclamation was validly made in accordance with the statutory requirements.

The court examined the authority of the Governor to issue the proclamation under section 198 of the Local Government (Building and Miscellaneous Provisions) Act 1993. It was established that the Governor, acting on the advice of the Executive Council, has the authority to make such proclamations as petitioned by the Brighton Council. The court also assessed whether the proclamation was made in accordance with the legislative requirements, including the proper notification and gazette publication. The proclamation was found to be validly made, as it was duly notified in the Gazette on 29 June 2009, and the land specified in the proclamation was correctly identified and named. The court concluded that the proclamation was within the powers granted by the Act and was properly executed.

The court upheld the proclamation, confirming that the Governor's actions were lawful and that the land classifications as specified in the proclamation were valid. The land previously known as the Cove Hill Restricted Supply Water District ceased to be a water district, and the newly defined land was named the Cove Hill Restricted Supply Water District. Similarly, the land specified in Part 2 of Schedule 1 was declared to be the Cove Hill Water District. The proclamation took effect on the day of its notification in the Gazette.