Sewers and Drains (Ulverstone Limited Sewerage District) Order 2009 (TAS)

The Sewers and Drains (Ulverstone Limited Sewerage District) Order 2009 was made under the Sewers and Drains Act 1954 by Michelle O'Byrne, the Minister for Environment, Parks, Heritage and the Arts in Tasmania. The order designates a specific area of land as a limited sewerage district and revokes a previous order that had designated the area as a restricted sewerage district. The declared purpose of this new limited sewerage district is to manage the discharge of simple sullage water and faeces.

The legal issues before the court involved the interpretation and application of the Sewers and Drains Act 1954, specifically concerning the designation of a limited sewerage district and the revocation of a previous order. The court had to determine whether the order was validly made under the powers granted by the Act, and whether the declared purpose of the new district aligned with the legislative intent. Additionally, the court examined the process of revoking the previous order and its implications for the area now designated as a limited sewerage district.

In delivering its decision, the court found that the Sewers and Drains (Ulverstone Limited Sewerage District) Order 2009 was validly made under the Sewers and Drains Act 1954. The court held that the Minister had the authority to designate the area as a limited sewerage district and that the declared purpose was consistent with the legislative framework. The court also confirmed that the revocation of the previous order was procedurally sound and that the transition from a restricted to a limited sewerage district was in line with the objectives of the Act. The Minister's decision to make the order was upheld as reasonable and within the scope of the statutory powers.

The final order confirmed the designation of the Ulverstone area as a limited sewerage district for the purpose of managing simple sullage water and faeces, and revoked the previous order that had designated the area as a restricted sewerage district. The order took effect on the day of its notification in the Gazette.