Proclamation under the Water and Sewerage Industry (Consequential and Transitional) Act 2008 (TAS)

The proclamation was issued under the authority of the Water and Sewerage Industry (Consequential and Transitional) Act 2008 by the Governor of Tasmania. The proclamation sets specific commencement dates for various sections and schedules of the Act, as well as for amendments to the Tasmanian Public Finance Corporation Act 1985. The Governor's decision was made with the advice of the Executive Council, and it was notified in the Gazette on 16 June 2009. The proclamation is administered by the Department of Primary Industries and Water.

The legal issues before the court pertained to the interpretation and validity of the proclamation issued by the Governor. The proclamation was made under the authority of the Water and Sewerage Industry (Consequential and Transitional) Act 2008, which outlines the procedures for setting commencement dates for various provisions of the Act and related legislation. The court was required to determine whether the proclamation was validly made, whether the dates specified were in accordance with the requirements of the Act, and whether the proclamation was consistent with the legislative framework governing the commencement of Acts and their amendments.

The court considered the legislative framework and the relevant provisions of the Water and Sewerage Industry (Consequential and Transitional) Act 2008, including the authority granted to the Governor to make a proclamation under section 2 of the Act. The court examined the specific dates set out in the proclamation and assessed whether they aligned with the statutory requirements. The court also evaluated the consistency of the proclamation with the Tasmanian Public Finance Corporation Act 1985 and other relevant Acts. Ultimately, the court found that the proclamation was validly made, the dates specified were in accordance with the requirements of the Act, and the proclamation was consistent with the legislative framework. The court upheld the validity of the proclamation and the commencement dates set out therein.

No additional paragraph is needed as the final orders of the court are not explicitly stated in the proclamation. However, the proclamation itself serves as the court's determination, setting the specified dates for the commencement of the relevant provisions of the Water and Sewerage Industry (Consequential and Transitional) Act 2008 and the amendments to the Tasmanian Public Finance Corporation Act 1985.