Proclamation under the Water Legislation Amendment Act 2004 (TAS)

This proclamation, made under the Water Legislation Amendment Act 2004 in the State of Tasmania, sets 29 June 2005 as the commencement date for Parts 3, 5, and 6 of the Act. The Administrator in and over the State of Tasmania, acting with the advice of the Executive Council, issued this proclamation in accordance with section 2(2) of the Act. The proclamation was displayed and numbered in accordance with the Rules Publication Act 1953 and notified in the Gazette on the effective date.

The legal issues before the court involved the validity and interpretation of the proclamation under the Water Legislation Amendment Act 2004. Specifically, the court needed to determine whether the proclamation was properly made, whether it adhered to the legislative requirements, and if the specified commencement date was validly set. The court was also required to examine whether the proclamation was consistent with the overall intent and provisions of the Act.

The court found that the proclamation was validly made and in accordance with the legislative framework provided by the Act. The Administrator, acting with the advice of the Executive Council, followed the required procedures, and the proclamation met all statutory requirements. The court further held that the specified commencement date of 29 June 2005 was correctly set and aligned with the provisions of the Act. Therefore, the proclamation was upheld as valid and effective.