Proclamation under the Water Management Act 1999 (TAS)

The proclamation, issued under the Water Management Act 1999 by the Governor of Tasmania, established 1 January 2000 as the effective date for the commencement of the Act's provisions. This legal instrument was issued in accordance with the advice of the Executive Council and published in the Gazette on 22 December 1999. The proclamation is administered by the Department of Primary Industries, Water and Environment.

The primary legal issue in this case was the validity and interpretation of the proclamation issued by the Governor, which set the commencement date for the Water Management Act 1999. The court needed to determine whether the proclamation was correctly made under the authority granted by the Act and whether the specified date of 1 January 2000 was appropriately chosen.

The court found that the proclamation was validly issued under the authority granted by section 2 of the Water Management Act 1999. The court held that the Governor, acting with the advice of the Executive Council, had the requisite power to issue such a proclamation. The court also confirmed that the chosen date of 1 January 2000 was appropriate, as it aligned with the legislative intent to implement the provisions of the Act at the beginning of the new millennium. The court emphasised the importance of the proclamation in providing certainty and clarity regarding the commencement of the Act's provisions.