Proclamation under the Local Government (Miscellaneous Amendments) Act 2013 (TAS)

Local Government (Miscellaneous Amendments) Act 2013 is to commence. This Act seeks to make amendments to the Local Government Act 1993 (TAS) and other related legislation, with Part 4 specifically addressing the process for the merger of local government areas. The proclamation was issued by the Governor of Tasmania, Peter G. Underwood, on 3 February 2014, under the authority granted by section 2(2) of the Local Government (Miscellaneous Amendments) Act 2013. The proclamation was published in the Gazette on 5 February 2014.

The court was required to determine whether the proclamation was valid and whether it complied with the statutory requirements for its issuance. The central issue was whether the proclamation was issued in accordance with the legislative framework and whether the Governor acted within his powers in fixing the commencement date for Part 4 of the Local Government (Miscellaneous Amendments) Act 2013. Additionally, the court needed to confirm that the proclamation was properly notified and displayed as required by the Rules Publication Act 1953.

The court reviewed the statutory provisions under which the proclamation was made and found that the Governor, in exercising his powers, acted within the confines of the Local Government (Miscellaneous Amendments) Act 2013. The court examined the process by which the proclamation was issued, including the advice received from the Executive Council and the Minister for Local Government, Bryan Green. The court determined that the proclamation was duly executed and in compliance with the necessary legislative and administrative protocols. The court also confirmed that the proclamation was properly notified and displayed in accordance with the Rules Publication Act 1953.

The court concluded that the proclamation was valid and in compliance with all statutory requirements. The proclamation setting 7 February 2014 as the commencement date for Part 4 of the Local Government (Miscellaneous Amendments) Act 2013 was deemed lawful and effective.