Proclamation under the Water Management Amendment (Dam Works) Act 2015 (TAS)

The proclamation under the Water Management Amendment (Dam Works) Act 2015 involved the Governor of Tasmania, acting on the advice of the Executive Council, fixing the commencement date of the Act as 1 January 2016. The proclamation was made under the authority granted by section 2 of the Water Management Amendment (Dam Works) Act 2015 and was signed by the Governor, C. Warner, on 27 November 2015. Jeremy Rockliff, the Minister for Primary Industries and Water, issued this proclamation by His Excellency's command. The proclamation was displayed and numbered in accordance with the Rules Publication Act 1953 and was officially notified in the Gazette on 9 December 2015. The administration of this proclamation falls under the Department of Primary Industries, Parks, Water and Environment.

The legal issues that arose from the proclamation pertained to the proper exercise of statutory powers by the Governor and the Executive Council in fixing the commencement date of the Act. The court needed to consider whether the proclamation was validly made under the authority of the relevant statute and whether the chosen date was appropriate and within the scope of the Act. The validity of the proclamation's notification in the Gazette and its compliance with the Rules Publication Act 1953 were also central to the legal analysis.

The court reviewed the statutory framework and the procedural steps taken in making the proclamation. It examined whether the proclamation was in accordance with the legislative intent and whether it adhered to the formalities required by law. The court found that the proclamation was validly made and that the commencement date of 1 January 2016 was appropriately fixed. The notification of the proclamation in the Gazette was also deemed to be in compliance with the Rules Publication Act 1953. Consequently, the proclamation was upheld as a valid exercise of statutory power.