Proclamation under the Valuation of Land Act 2001 (TAS)

The proclamation was issued by the Governor of Tasmania under the Valuation of Land Act 2001, setting 1 July 2004 as the effective date for fresh valuations of all lands within the municipal areas of Central Highlands, Devonport, Kentish, Sorell, and West Coast. This decision was made with the advice of the Executive Council and took effect upon its notification in the Gazette on 2 June 2004. The proclamation is administered by the Department of Primary Industries, Water and Environment.

The legal issues before the court involved the validity and legality of the proclamation. Specifically, the court needed to determine whether the proclamation was within the powers granted by the Valuation of Land Act 2001 and whether the process followed for its issuance complied with statutory requirements. Additionally, the court examined whether the proclamation was properly notified in the Gazette and whether the timing of the proclamation was consistent with the legislative intent.

The court found that the proclamation was valid and complied with the relevant statutory provisions. The court held that the Governor, acting with the advice of the Executive Council, had the authority to issue the proclamation under section 20(9) of the Act. The court also confirmed that the proclamation was correctly notified in the Gazette and that the effective date of 1 July 2004 was in accordance with the legislative framework. Consequently, the proclamation was deemed to be legally sound and effective from the specified date.

No further orders were made by the court, as the proclamation was upheld in its entirety. The decision affirmed the Governor's authority to fix the valuation date and set the effective date of the proclamation, as provided by the Act.