{"id":"tas:sr-2002-180","name":"Mineral Resources Development (Application of Act) Order (No. 3) 2002","slug":"mineral-resources-development-application-of-act-order-no-3-2002","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"180 of 2002","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":318470,"registerId":"tas-tas:sr-2002-180-current","compilationNumber":null,"startDate":"2026-04-08","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> This order may be cited as the [Mineral Resources Development (Application of Act) Order (No. 3) 2002](/view/html/inforce/2026-04-12/sr-2002-180) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> This order takes effect on the day on which its making is notified in the *Gazette*.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Act applies to certain land","content":"### 3 Act applies to certain land\n\n> The [Mineral Resources Development Act 1995](/view/html/inforce/2026-04-12/act-1995-116) is declared to apply to the forest reserves specified in [Schedule 1](#JS1@EN) to this order.","sortOrder":2},{"sectionNumber":"SCHEDULE 1 - Areas of land","sectionType":"part","heading":"SCHEDULE 1 - Areas of land","content":"# SCHEDULE 1 - Areas of land SCHEDULE 1 - Areas of land","sortOrder":3},{"sectionNumber":"Part 1","sectionType":"part","heading":"Alma Tier","content":"# Part 1 Alma Tier\n\n[Part 1](#JS2@HS1@EN) [Schedule 2](#JS2@EN)","sortOrder":4},{"sectionNumber":"Part 2","sectionType":"part","heading":"Dismal Swamp","content":"# Part 2 Dismal Swamp\n\n[Part 2](#JS2@HS2@EN) [Schedule 2](#JS2@EN)","sortOrder":5},{"sectionNumber":"Part 3","sectionType":"part","heading":"Lake Pieman","content":"# Part 3 Lake Pieman\n\n[Part 3](#JS2@HS3@EN) [Schedule 2](#JS2@EN)","sortOrder":6},{"sectionNumber":"SCHEDULE 2 - Plans","sectionType":"part","heading":"SCHEDULE 2 - Plans","content":"# SCHEDULE 2 - Plans SCHEDULE 2 - Plans","sortOrder":7}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This order performs exactly the function suggested by its title: it applies the Mineral Resources Development Act to specific land areas. There is no scope creep — it does not expand beyond declaring the application of the Act to the three named forest reserves."},"complexity_factors":["Extremely short — only 3 operative sections plus schedules","No defined terms in the body of the order (relies entirely on the parent Act)","Simple declarative structure: 'The Act is declared to apply to...'","Schedules contain only place names and references to external maps/images","No conditional logic, exceptions, or cross-references beyond the parent Act citation","Single purpose instrument with no subordinate provisions"],"plain_english_summary":"**What this legislation does:**\n\nThis is a short, technical order that extends the **Mineral Resources Development Act 1995** to three specific areas of land in Tasmania: **Alma Tier**, **Dismal Swamp**, and **Lake Pieman**. These are forest reserves.\n\n**Who it affects:**\n\n- **Mining companies and prospectors** — they can now apply for mining licences, exploration permits, and other mineral tenements on these three parcels of land\n- **Land managers and conservation bodies** — the forest reserves are now subject to mining legislation, which may conflict with conservation purposes\n- **The Tasmanian Government** — specifically the Department of Infrastructure, Energy and Resources (now likely renamed), which administers mining regulation\n\n**Why it matters:**\n\nNormally, forest reserves are protected from mining activities. This order **carves out an exception** — it \"declares\" that the mining laws apply to these specific areas despite their reserve status. This opens the door for mineral exploration and extraction in places that would otherwise be off-limits.\n\nThe order includes **maps** (in Schedule 2) showing exactly where these boundaries lie, so there's no confusion about which land is affected."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The order does not change the parent Act’s content; it simply extends the Act’s application to the listed forest reserves (s3 and Schedule 1). There is no alteration of regulatory powers or obligations beyond bringing those areas within the existing statutory regime."},"complexity_factors":["Single, narrow operation: declaratory effect applying an existing Act to specified land (s3)","Commencement tied to Gazette notice rather than a fixed date (s2)","Schedules and embedded plans define geographic scope; maps/images may require spatial interpretation","No substantive amendments to the parent Act—compliance governed by Mineral Resources Development Act 1995","Administrative implementation and enforcement left to the Department named in the order"],"plain_english_summary":"This order brings three named forest reserves (Alma Tier, Dismal Swamp and Lake Pieman) under the Mineral Resources Development Act 1995, so the Act’s permitting, compliance and enforcement framework now applies to those areas (see s3 and Schedule 1). It affects land managers, mineral explorers and permit applicants, and matters because those parties must follow the Act’s approval, fee and rehabilitation rules while the Department named in the order administers it."},"issue_detection":{"absurdities":[{"type":"other","section":"Status Information - Currency of version","severity":"low","reasoning":"A file modification date of 16 January 2025 on a purportedly unamended instrument since 2002 is unexplained on the face of the document. While administrative or metadata updates are possible, the instrument provides no explanation, creating a minor logical inconsistency between claimed currency and apparent modification.","confidence":0.45,"description":"The instrument states it has been 'current from 25 December 2002 to date' with no amendments reflected, yet the file was last modified on 16 January 2025 — over 22 years after commencement. This creates an internal tension: if the instrument is truly unchanged, why was the file modified in 2025?"},{"type":"other","section":"Document structure - Title and headings","severity":"medium","reasoning":"Repeated duplication of titles and headings (e.g., 'Status Information Status Information', 'Currency of version Currency of version', 'Authorisation Authorisation') is not a known drafting convention in Tasmanian or Australian legislation. If this reflects the actual gazetted text, the instrument is potentially void for uncertainty or ambiguity as to its operative provisions. If it is a publication error, it undermines the reliability of the consolidated version as a legal source.","confidence":0.72,"description":"The title 'Mineral Resources Development (Application of Act) Order (No. 3) 2002' and all major headings are duplicated verbatim multiple times within the document. This is structurally absurd and suggests the instrument as published may be a garbled or corrupted version of the authentic text, raising questions about whether the published version accurately reflects the legally operative instrument."},{"type":"impossible_compliance","section":"Entire instrument","severity":"high","reasoning":"An 'Application of Act' order derives its legal utility entirely from its operative clauses specifying what land, mineral, activity, or person the Act is being applied to. Without any such clause appearing in the published text, the instrument has no discernible legal effect. It cannot be complied with, relied upon, or enforced. Either the operative provisions have been omitted from the published version (a publication failure) or the instrument was made without operative content (a drafting nullity).","confidence":0.85,"description":"The instrument is titled an 'Application of Act Order' — meaning it is intended to apply the Mineral Resources Development Act to specific land, persons, or circumstances — yet the published text contains no operative provisions whatsoever. There is no clause applying the Act to anything. An order that orders nothing is a logical nullity."}],"contradictions":[{"severity":"low","section_a":"Status Information - 'Version current from 25 December 2002 to date'","section_b":"Authorisation - 'File last modified 16 January 2025'","confidence":0.5,"description":"The instrument claims to be a version current and unchanged since 25 December 2002, but the file was last modified on 16 January 2025. These two statements are in direct tension: a genuinely unmodified instrument would not have a file modification date 22+ years after commencement without explanation."}]},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the available information, the order appears to have remained unchanged since its commencement on 25 December 2002, suggesting its scope has not materially shifted from its original intent. No amending instruments appear to have altered its application."},"complexity_factors":["Requires cross-referencing with the parent Mineral Resources Development Act to understand full effect","Scope limited to specific geographic or land-category application — requires knowledge of which land is affected","Administrative/subordinate legislation format is less accessible than primary Acts","Insufficient substantive text provided in the document to fully assess operative provisions"],"plain_english_summary":"This Tasmanian government order designates where and to what extent the Mineral Resources Development Act applies across the state. It matters to mining and exploration companies, landowners whose property might be subject to mineral activity, and regulatory agencies because it determines whether licence holders are governed by the Act in particular areas. In force since 25 December 2002 with no amendments, its scope has been steady for over two decades."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/mineral-resources-development-application-of-act-order-no-3-2002","history":"/api/acts/mineral-resources-development-application-of-act-order-no-3-2002/history","analysis":"/api/acts/mineral-resources-development-application-of-act-order-no-3-2002/analysis","conflicts":"/api/acts/mineral-resources-development-application-of-act-order-no-3-2002/conflicts","importantCases":"/api/acts/mineral-resources-development-application-of-act-order-no-3-2002/important-cases","documents":"/api/acts/mineral-resources-development-application-of-act-order-no-3-2002/documents"}}