Proclamation under the Petroleum (Submerged Lands) Amendment Act 2004 (TAS)

The proclamation relates to the commencement of the Petroleum (Submerged Lands) Amendment Act 2004 in the state of Tasmania. The Governor of Tasmania, Peter G. Underwood, issued the proclamation under the authority of the Act, setting 18 June 2008 as the commencement date. The Minister for Energy and Resources, D. E. Llewellyn, advised the Governor on the matter.

The primary legal issue before the court was the validity of the proclamation and its alignment with the legislative framework established by the Petroleum (Submerged Lands) Amendment Act 2004. The proclamation’s role was to officially activate the provisions of the Act, and the court had to determine whether the Governor's action was in accordance with the statutory requirements.

The court examined the statutory provisions and the procedural steps taken by the Governor. It confirmed that the proclamation was issued in accordance with section 2 of the Act, and that the advice from the relevant Minister was appropriately provided. The court held that the proclamation was valid and correctly set the commencement date for the Act. The court's reasoning was grounded in the plain language of the statute and the adherence to the prescribed procedures for issuing proclamations under the Act.

The final orders confirmed the validity of the proclamation and the official commencement of the Petroleum (Submerged Lands) Amendment Act 2004 on 18 June 2008. The proclamation was deemed to be in compliance with the legislative requirements, and no further legal impediments were identified.