Sewers and Drains (Coles Bay Urban Land Drainage District) Order 2003 (TAS)

The Sewers and Drains (Coles Bay Urban Land Drainage District) Order 2003 was made by Bryan Green, the Minister for Primary Industries, Water and Environment of Tasmania, under the Sewers and Drains Act 1954. The Order was made to formally designate a specific area of land as an urban land drainage district, named the Coles Bay Urban Land Drainage District, and to declare the purpose for which the district was established, namely to carry off natural water, whether concentrated or not. The Order was notified in the Gazette on 28 May 2003 and took effect on that date.

The primary legal issue addressed by the Order was the formal designation of a specific area of land as an urban land drainage district under the Sewers and Drains Act 1954. The Order needed to accurately define the boundaries of the district and declare its purpose, in accordance with the legislative framework provided by the Act. The Order also had to comply with the administrative requirements of the Act, including notification in the Gazette and administration by the relevant department.

The Court considered that the Minister had the necessary authority under the Sewers and Drains Act 1954 to make the Order. The Minister identified the area of land in question and declared its purpose in line with the statutory requirements. The Order was properly notified in the Gazette and was consistent with the Rules Publication Act 1953. The Court found that the Minister had followed the correct process and that the Order was valid.

The Order was made under section 4(4) of the Sewers and Drains Act 1954 and was signed by the Minister on 15 May 2003. The Order designated the area of land defined in Schedule 1 to the Order as the Coles Bay Urban Land Drainage District and declared its purpose as carrying off natural water, whether concentrated or not. The Order was notified in the Gazette on 28 May 2003 and took effect on that date.