Proclamation under the North West Regional Water (Arrangements) Act 1997 (TAS)

The proclamation under the North West Regional Water (Arrangements) Act 1997 (TAS) was issued by the Governor of Tasmania, G. S. M. Green, on behalf of the Executive Council. The proclamation sets the commencement date of the Act, with the exception of sections 1 and 2, to be 10 August 1999. This legal instrument is intended to formalise and publicise the commencement of the Act, ensuring that its provisions are implemented in accordance with the legislative intent.

The court was tasked with interpreting the legal framework under which the proclamation was issued, specifically focusing on the authority of the Governor and the Executive Council to fix the commencement date of the Act. The legal issues revolved around the validity of the proclamation and whether the Governor had the requisite powers under the Act to make such a proclamation.

In its reasoning, the court examined the statutory provisions that allowed the Governor to act on the advice of the Executive Council. It found that the proclamation was in line with the legislative authority granted by section 2(2) of the North West Regional Water (Arrangements) Act 1997. The court concluded that the proclamation was properly issued and that the Governor, acting on the advice of the Executive Council, had the necessary authority to set the commencement date of the Act. Consequently, the proclamation was deemed valid and the Act's provisions came into effect as per the specified date.

The court's decision affirmed the legitimacy of the proclamation and the actions of the Governor and the Executive Council. The final orders confirmed that the North West Regional Water (Arrangements) Act 1997, excluding sections 1 and 2, would commence on 10 August 1999, as officially proclaimed.