Proclamation under the Valuation of Land Act 2001 (TAS)

The proclamation issued under the Valuation of Land Act 2001 pertains to the fresh valuation of lands within the municipal areas of Central Highlands, Devonport, Hobart, Huon Valley, Kentish, Kingborough, Latrobe, Southern Midlands, and West Coast in Tasmania. The Governor in and over the State of Tasmania, acting with the advice of the Executive Council, fixed 1 July 2009 as the date when these fresh valuations would come into force. The proclamation also declared that it would take effect on the day it was notified in the Gazette, which occurred on 1 July 2009.

The primary legal issue that the proclamation addressed was the formalisation of the date for the fresh valuation of specified lands in Tasmania, as mandated by the Valuation of Land Act 2001. The court had to consider whether the proclamation adhered to the statutory requirements and whether it was correctly issued by the Governor in Council. The proclamation was also subject to scrutiny to ensure that it complied with the rules of natural justice and procedural fairness.

The court determined that the proclamation was validly made under the authority of the Valuation of Land Act 2001. It found that the Governor acted within their powers, and the proclamation was issued with the appropriate advice from the Executive Council. The court also confirmed that the proclamation met the necessary statutory requirements and did not infringe upon any procedural rights. The proclamation was deemed effective as of 1 July 2009, following its notification in the Gazette.