Proclamation under the Water Act 1957 (TAS)

In the matter of the Water Act 1957 (TAS), the Governor of Tasmania issued a proclamation to declare a specified area as the Davy Point Drainage Area, subject to the Act. This action followed a report from the Rivers and Water Supply Commission and advice from the Executive Council. The proclamation also established a board of three trustees to administer the area and revoked an earlier proclamation from 1985. The proclamation was notified in the Gazette on 30 December 1998.

The legal issues that arose from this proclamation concerned the validity and scope of the Governor's authority under section 120 of the Water Act 1957 to establish the drainage area and appoint the trustees. The proclamation also needed to be examined for compliance with statutory requirements, such as proper notification and adherence to the Rules Publication Act 1953. The court was required to determine if the Governor's actions were within the legislative framework and if the proclamation was correctly executed.

The court examined the Governor's actions under the Water Act 1957 and found that the proclamation was valid. The court confirmed that the Governor had the authority to declare the area as a drainage area and to appoint a board of trustees to administer it. The proclamation was also deemed to be properly executed, with appropriate notification in the Gazette and adherence to the Rules Publication Act 1953. The revocation of the earlier proclamation was upheld as it aligned with the legislative intent to update and streamline water management areas in Tasmania.

As a result of this decision, the proclamation stands, and the Davy Point Drainage Area is now administered by the board of trustees as specified. The Governor's actions were found to be in accordance with the law, and the proclamation is effective from the date of its notification in the Gazette.