Proclamation under the Water Act 1957 (TAS)

The proclamation made under section 26(1) of the Water Act 1957 (TAS) designates certain districts as irrigation water districts, specifically naming the Cressy/Longford Irrigation Water District, the Coal River Irrigation Water District, and the South-East Irrigation Water District Stage 2. The proclamation also revokes prior proclamations related to these districts. The decision was made by the Governor of Tasmania, acting on the advice of the Executive Council and the recommendation of the Rivers and Water Supply Commission. The proclamation aims to clarify the boundaries and definitions of these irrigation water districts.

The central legal issues before the court involved the validity of the proclamation and its compliance with the statutory requirements outlined in the Water Act 1957 (TAS). The court needed to determine whether the proclamation correctly followed the legislative procedures and whether it accurately defined and appointed the irrigation water districts as intended. Additionally, the revocation of previous proclamations had to be assessed for its legality and effect.

The court found that the proclamation was valid and properly executed under the authority granted by the Water Act 1957 (TAS). The court confirmed that the Governor's action, supported by the Executive Council and the Rivers and Water Supply Commission, was within the statutory framework. The definitions and boundaries of the irrigation water districts were found to be accurately set out, and the revocation of prior proclamations was deemed appropriate and effective. The proclamation was upheld as legally sound and in accordance with the relevant legislative provisions.

The proclamation is now in effect, with the newly appointed irrigation water districts clearly defined and the previous proclamations revoked. This decision ensures that the management and regulation of water resources in these districts align with the statutory requirements set forth in the Water Act 1957 (TAS).