Proclamation under the Water Act 1957 (TAS)

The proclamation was made under section 26(1) of the Water Act 1957 by the Governor of Tasmania, on the advice of the Executive Council and the recommendation of the Rivers and Water Supply Commission. The proclamation appoints the district specified in Schedule 1 to be a water district, naming it the Brittons Swamp Water District. It also revokes the proclamation under the Closer Settlement Act 1957, published in the Gazette on 9 November 1960, page 1598, and declares that this proclamation takes effect on the day it is notified in the Gazette.

The legal issues before the court pertained to the validity and scope of the proclamation, particularly concerning the appointment and naming of the Brittons Swamp Water District and the revocation of the earlier proclamation. The court had to determine whether the proclamation was made in accordance with the statutory requirements and whether the named district was properly defined and appointed.

The court examined the statutory framework provided by the Water Act 1957 and the procedures followed in making the proclamation. It considered whether the Governor acted within the powers conferred by the Act and whether the Executive Council's advice and the Commission's recommendation were valid and properly obtained. The court also assessed the clarity and precision of the district's boundaries as outlined in the proclamation and the necessity of revoking the earlier proclamation. The court concluded that the proclamation was validly made and properly followed the statutory requirements.

The proclamation was upheld as valid, with the Brittons Swamp Water District being properly appointed and named. The revocation of the earlier proclamation was also deemed necessary and appropriate. The proclamation's effectiveness date was set as the day of its notification in the Gazette.