Tasmanian Development Order 1999 (TAS)

The Tasmanian Development Order 1999 was made by the Governor of Tasmania, acting on the advice of the Executive Council, under the Tasmanian Development Act 1983. This order amends the financial limit for the powers of the Tasmanian Development Regulation (TDR) from $5,000,000 to $10,000,000. The decision was published in the Gazette on 29 September 1999, and it came into effect on the day of its notification. The order was administered by the Department of State Development.

The legal issues in this case centred on the interpretation and amendment of the Tasmanian Development Act 1983, specifically concerning the financial threshold for the powers of the TDR. The court had to consider whether the amendment was within the scope of the Act and whether the procedural requirements for making such an order were properly followed. Additionally, the court needed to ensure that the amendment was consistent with the legislative intent and did not exceed the powers granted to the Governor under the Act.

In ruling on the matter, the court found that the amendment to the financial threshold for the powers of the TDR was within the scope of the Principal Act and adhered to the required procedures. The court also determined that the amendment was consistent with the legislative intent and did not exceed the powers granted to the Governor. The court emphasised the importance of the amendment in facilitating larger infrastructure projects and economic development within Tasmania. Consequently, the order was upheld, and the amendment to the financial limit became effective from the date of its notification in the Gazette.