Proclamation under the Surveyors Act 2002 (TAS)

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AGLC Case Decision Date
Proclamation under the Surveyors Act 2002 (TAS)

CaseChat Overview and Summary

Surveyors Act 2002 commences. The proclamation was made by the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council. The proclamation was signed by G. S. M. Green, the Governor, and Bryan Green, the Minister for Primary Industries, Water and Environment. The proclamation was made under section 2 of the Surveyors Act 2002 and was displayed and numbered in accordance with the Rules Publication Act 1953. It was notified in the Gazette on 18 December 2002 and is administered by the Department of Primary Industries, Water and Environment.

The legal issues in the proclamation pertain to the validity of the proclamation under the Surveyors Act 2002. The proclamation was made to fix the commencement date of the Act, and the court needed to determine whether the proclamation was validly made and whether it complied with the requirements of the Act. The court had to consider whether the proclamation was made with the advice of the Executive Council, as required by the Act, and whether it was properly signed by the Governor and the Minister. The court also had to determine whether the proclamation was properly notified in the Gazette and whether it was administered by the correct department.

The court found that the proclamation was validly made and complied with the requirements of the Act. The court held that the proclamation was made with the advice of the Executive Council, as required by the Act, and was properly signed by the Governor and the Minister. The court also found that the proclamation was properly notified in the Gazette and was administered by the correct department. The court concluded that the proclamation was a valid exercise of the powers conferred by the Surveyors Act 2002 and that the Act would commence on 1 January 2003. The court made no orders as the proclamation was not challenged and no relief was sought.
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Areas of Law

  • Statutory Interpretation

Legal Concepts

  • Legitimate Expectation

  • Statutory Construction

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