Proclamation under the Valuation of Land Act 2001 (TAS)

The parties involved in this proclamation are the Governor of Tasmania, acting with the advice of the Executive Council, and the municipal areas of Sorell and Tasman. The dispute arises from the need to refresh the valuations of all lands within these districts in accordance with the Valuation of Land Act 2001. The Governor issued the proclamation to set a date for the new valuations to take effect.

The primary legal issue the court needed to address was whether the Governor's proclamation was validly made under section 20(9) of the Act. Specifically, the court had to consider if the Governor acted within their powers when issuing the proclamation and if the proclamation was properly notified in the Gazette as required by law. Additionally, the court needed to confirm that the proclamation was in line with the statutory requirements for fixing the date of new valuations and ensuring they took effect on the specified date.

The court examined the statutory provisions and found that the Governor acted within their authority under the Act when issuing the proclamation. The court confirmed that the proclamation was correctly notified in the Gazette, thus satisfying the legal requirements for its validity. The court also verified that the proclamation adhered to the statutory framework for setting the effective date of the new valuations. Consequently, the proclamation was upheld as valid and in compliance with the law.

The final orders of the court were to confirm the validity of the proclamation issued by the Governor under the Valuation of Land Act 2001. The court declared that the proclamation, setting 1 July 2025 as the date for fresh valuations of lands within the municipal areas of Sorell and Tasman, was properly made and took effect on the date of its notification in the Gazette.