Mineral Resources Development (Application of Act) Order 2006
In ForceTAS
Jurisdiction
Tasmania
Act Number
78 of 2006
Collection
regulation
Plain English Summary
4/10 complexity
This order makes the Mineral Resources Development Act 1995 apply to 17 specifically named forest reserves (listed in Schedule 1) and takes effect when its making is notified in the Gazette (s 2–3). The listed parcels are shown by reference to Central Plan Register plans in Schedule 2. As a result, those parcels become subject to the Act’s regulatory framework for mineral development, with administration handled by the Department of Infrastructure, Energy and Resources.
This statutory instrument, the Mineral Resources Development (Application of Act) Order 2006, performs a single, mechanical legal change: it declares that the Mineral Resources Development Act 1995 applies to a specified set of forest reserves. Section 3 states the operative effect in plain terms: "The Mineral Resources Development Act 1995 is declared to apply to the forest reserves specified in Schedule 1 to this order" (s 3). The order itself may be cited by its short title (s 1) and takes effect on the day its making is notified in the Gazette (s 2). The order is administered in the Department of Infrastructure, Energy and Resources, according to the final line of the instrument.
The primary output of the order is therefore jurisdictional: it brings the land parcels listed in Schedule 1 within the scope of the Mineral Resources Development Act 1995 from the date of Gazette notification. Schedule 1 lists 17 named forest reserves by name, land district, parish and a description that anchors the legal area to the Central Plan Register Plans referenced in Schedule 2, and it provides hectare areas for each listed reserve. Schedule 2 reproduces reduced copies of those Central Plan Register Plans for illustration in separate parts corresponding to each reserve (Parts 1 to 17).
Mechanically, the order does not itself create new offences, licences, or regulatory standards. It is a declaration of application: the operative regulatory content that will now govern the listed lands is contained in the Mineral Resources Development Act 1995 (s 3). The order does, however, specify the geographic scope of that application by direct reference to the named reserves and to specific Central Plan Register Plans, and it provides maps (illustrative reduced copies) as Schedule 2. The Gazette notification date is recorded in the instrument as 16 August 2006. The order is displayed and numbered in accordance with the Rules Publication Act 1953.
Current sections
Direct links to the current provisions in Mineral Resources Development (Application of Act) Order 2006.
| | Name of Forest Reserve | Land District | Parish | Description | Area (ha) |
| 1. | Arthur River Forest Reserve Extension | Wellington | Takone | Land bounded by heavy black lines on Central Plan Register Plan 6870, a reduced copy of which is set out, by way of illustration only, in Part 1 of Schedule 2 to this order. | 448 |
| 2. | Big Tree Forest Reserve | Buckingham | – | Land bounded by heavy black lines on Central Plan Register Plan 6871, a reduced copy of which is set out, by way of illustration only, in Part 2 of Schedule 2 to this order. | 113 |
| 3. | Blue Tier Forest Reserve Extension | Dorset | Gould | Land bounded by heavy black lines on Central Plan Register Plan 6872, a reduced copy of which is set out, by way of illustration only, in Part 3 of Schedule 2 to this order. | 247 |
| 4. | Deep Gully Forest Reserve Extension | Russell | Waratah | Land bounded by heavy black lines on Central Plan Register Plan 6874, a reduced copy of which is set out, by way of illustration only, in Part 4 of Schedule 2< to this order. | 845 |
| 5. | Eastern Tiers Forest Reserve Extension | Glamorgan | Weitree, Kelvedon and Kaoota | Land bounded by heavy black lines on Central Plan Register Plan 6877, a reduced copy of which is set out, by way of illustration only, in Part 5 of Schedule 2 to this order. | 498 |
| 6. | Hardings Falls Forest Reserve Extension | Glamorgan | Stieglitz and Bicheno | Land bounded by heavy black lines on Central Plan Register Plan 6878, a reduced copy of which is set out, by way of illustration only, in Part 6 of Schedule 2 to this order. | 928 |
| 7. | Hatfield River Forest Reserve Extension | Russell | Loiena | Land bounded by heavy black lines on Central Plan Register Plan 6879, a reduced copy of which is set out, by way of illustration only, in Part 7 of Schedule 2 to this order. | 419 |
| 8. | John Lynch Forest Reserve Extension | Russell | Loiena | Land bounded by heavy black lines on Central Plan Register Plan 6880, a reduced copy of which is set out, by way of illustration only, in Part 8 of Schedule 2 to this order. | 4,103 |
| 9. | Mount Maurice Forest Reserve Extension | Dorset | Monna | Land bounded by heavy black lines on Central Plan Register Plan 6881, a reduced copy of which is set out, by way of illustration only, in Part 9 of Schedule 2 to this order. | 680 |
| 10. | North Styx Forest Reserve | Buckingham | Tyenna | Land bounded by heavy black lines on Central Plan Register Plan 6883, a reduced copy of which is set out, by way of illustration only, in Part 10 of Schedule 2 to this order. | 4,222 |
| 11. | Savage River Pipeline Forest Reserve | Russell | – | Land bounded by heavy black lines on Central Plan Register Plan 6886, a reduced copy of which is set out, by way of illustration only, in Part 11 of Schedule 2 to this order. | 31,042 |
| 12. | Snaky Creek Forest Reserve | Glamorgan | Victor | Land bounded by heavy black lines on Central Plan Register Plan 6882, a reduced copy of which is set out, by way of illustration only, in Part 12 of Schedule 2 to this order. | 1,274 |
| 13. | South Esk Forest Reserve Extension | Cornwall | Padina | Land bounded by heavy black lines on Central Plan Register Plan 6887, a reduced copy of which is set out, by way of illustration only, in Part 13 of Schedule 2 to this order. | 284 |
| 14. | Styx Tall Trees Forest Reserve | Buckingham | Rinadena | Land bounded by heavy black lines on Central Plan Register Plan 6888, a reduced copy of which is set out, by way of illustration only, in Part 14 of Schedule 2 to this order. | 337 |
| 15. | Tooms Lake Forest Reserve Extension | Glamorgan | Talleh and Kaoota | Land bounded by heavy black lines on Central Plan Register Plan 6889, a reduced copy of which is set out, by way of illustration only, in Part 15 of Schedule 2 to this order. | 193 |
| 16. | Trowutta Forest Reserve Extension | Wellington | Terragomna and Meryanna | Land bounded by heavy black lines on Central Plan Register Plan 6890, a reduced copy of which is set out, by way of illustration only, in Part 16 of Schedule 2 to this order. | 328 |
| 17. | Waratah Creek Forest Reserve | Dorset | Weld | Land bounded by heavy black lines on Central Plan Register Plan 6873, a reduced copy of which is set out, by way of illustration only, in Part 17 of Schedule 2 to this order. | 520 |
This order is administered in the Department of Infrastructure, Energy and Resources.
Source text
Sourced from Tasmanian Legislation Online (legislation.tas.gov.au), CC BY 4.0.
1 Short title
1 Short title
This order may be cited as the Mineral Resources Development (Application of Act) Order 2006 .
2 Commencement
2 Commencement
This order takes effect on the day on which its making is notified in the Gazette.
3 Act applies to certain land
3 Act applies to certain land
The Mineral Resources Development Act 1995 is declared to apply to the forest reserves specified in Schedule 1 to this order.
SCHEDULE 1 - Forest Reserves t SCHEDULE 1 - Forest Reserves to which Mineral Resources Development Act 1995 applies
SCHEDULE 1 - Forest Reserves t SCHEDULE 1 - Forest Reserves to which Mineral Resources Development Act 1995 applies
Clause 3
| | Name of Forest Reserve | Land District | Parish | Description | Area (ha) |
| 1. | Arthur River Forest Reserve Extension | Wellington | Takone | Land bounded by heavy black lines on Central Plan Register Plan 6870, a reduced copy of which is set out, by way of illustration only, in Part 1 of Schedule 2 to this order. | 448 |
| 2. | Big Tree Forest Reserve | Buckingham | – | Land bounded by heavy black lines on Central Plan Register Plan 6871, a reduced copy of which is set out, by way of illustration only, in Part 2 of Schedule 2 to this order. | 113 |
| 3. | Blue Tier Forest Reserve Extension | Dorset | Gould | Land bounded by heavy black lines on Central Plan Register Plan 6872, a reduced copy of which is set out, by way of illustration only, in Part 3 of Schedule 2 to this order. | 247 |
| 4. | Deep Gully Forest Reserve Extension | Russell | Waratah | Land bounded by heavy black lines on Central Plan Register Plan 6874, a reduced copy of which is set out, by way of illustration only, in Part 4 of Schedule 2< to this order. | 845 |
| 5. | Eastern Tiers Forest Reserve Extension | Glamorgan | Weitree, Kelvedon and Kaoota | Land bounded by heavy black lines on Central Plan Register Plan 6877, a reduced copy of which is set out, by way of illustration only, in Part 5 of Schedule 2 to this order. | 498 |
| 6. | Hardings Falls Forest Reserve Extension | Glamorgan | Stieglitz and Bicheno | Land bounded by heavy black lines on Central Plan Register Plan 6878, a reduced copy of which is set out, by way of illustration only, in Part 6 of Schedule 2 to this order. | 928 |
| 7. | Hatfield River Forest Reserve Extension | Russell | Loiena | Land bounded by heavy black lines on Central Plan Register Plan 6879, a reduced copy of which is set out, by way of illustration only, in Part 7 of Schedule 2 to this order. | 419 |
| 8. | John Lynch Forest Reserve Extension | Russell | Loiena | Land bounded by heavy black lines on Central Plan Register Plan 6880, a reduced copy of which is set out, by way of illustration only, in Part 8 of Schedule 2 to this order. | 4,103 |
| 9. | Mount Maurice Forest Reserve Extension | Dorset | Monna | Land bounded by heavy black lines on Central Plan Register Plan 6881, a reduced copy of which is set out, by way of illustration only, in Part 9 of Schedule 2 to this order. | 680 |
| 10. | North Styx Forest Reserve | Buckingham | Tyenna | Land bounded by heavy black lines on Central Plan Register Plan 6883, a reduced copy of which is set out, by way of illustration only, in Part 10 of Schedule 2 to this order. | 4,222 |
| 11. | Savage River Pipeline Forest Reserve | Russell | – | Land bounded by heavy black lines on Central Plan Register Plan 6886, a reduced copy of which is set out, by way of illustration only, in Part 11 of Schedule 2 to this order. | 31,042 |
| 12. | Snaky Creek Forest Reserve | Glamorgan | Victor | Land bounded by heavy black lines on Central Plan Register Plan 6882, a reduced copy of which is set out, by way of illustration only, in Part 12 of Schedule 2 to this order. | 1,274 |
| 13. | South Esk Forest Reserve Extension | Cornwall | Padina | Land bounded by heavy black lines on Central Plan Register Plan 6887, a reduced copy of which is set out, by way of illustration only, in Part 13 of Schedule 2 to this order. | 284 |
| 14. | Styx Tall Trees Forest Reserve | Buckingham | Rinadena | Land bounded by heavy black lines on Central Plan Register Plan 6888, a reduced copy of which is set out, by way of illustration only, in Part 14 of Schedule 2 to this order. | 337 |
| 15. | Tooms Lake Forest Reserve Extension | Glamorgan | Talleh and Kaoota | Land bounded by heavy black lines on Central Plan Register Plan 6889, a reduced copy of which is set out, by way of illustration only, in Part 15 of Schedule 2 to this order. | 193 |
| 16. | Trowutta Forest Reserve Extension | Wellington | Terragomna and Meryanna | Land bounded by heavy black lines on Central Plan Register Plan 6890, a reduced copy of which is set out, by way of illustration only, in Part 16 of Schedule 2 to this order. | 328 |
| 17. | Waratah Creek Forest Reserve | Dorset | Weld | Land bounded by heavy black lines on Central Plan Register Plan 6873, a reduced copy of which is set out, by way of illustration only, in Part 17 of Schedule 2 to this order. | 520 |
For any actor or decision-maker, the concrete change is: from the Gazette notification date forward, the listed forest reserves are subject to the operational reach of the Mineral Resources Development Act 1995. The order itself performs no other legislative amendment or substantive rulemaking; it modifies only the territorial scope of the 1995 Act.
Main concepts
The order rests on a small set of legal and drafting concepts that determine its legal effect.
Deeming/application clause. Section 3 is a deeming provision, not a set of operative standards. It declares that the Mineral Resources Development Act 1995 "applies to" the forest reserves listed in Schedule 1. The concept is one of territorial extension: additional parcels of land are brought within the geographic ambit of an existing statute (s 3).
Commencement by Gazette notice. The instrument does not fix a calendar date of commencement but makes commencement contingent on administrative notification: it "takes effect on the day on which its making is notified in the Gazette" (s 2). The instrument itself records that it was notified in the Gazette on 16 August 2006. A practitioner should therefore treat the Gazette date as the operative start date for application.
Schedules as the boundary-definers. Schedule 1 contains the list of forest reserves and a description linking each reserve to a Central Plan Register Plan number. For each entry the textual description reads "Land bounded by heavy black lines on Central Plan Register Plan [number], a reduced copy of which is set out, by way of illustration only, in Part [N] of Schedule 2 to this order." That drafting makes two separate but related concepts clear: the legal boundary is the land as shown on the Central Plan Register Plan identified by plan number, and the Schedule 2 image is a reduced illustrative copy only. Practically, the plan register is the primary boundary source; Schedule 2 is illustrative.
Administrative custody. The final line places administration of the order with the Department of Infrastructure, Energy and Resources. That identifies the department likely responsible for keeping records, answering enquiries about the order, and coordinating any practical transition for activities on the land listed.
Formal publication and numbering rules. The instrument notes it is "Displayed and numbered in accordance with the Rules Publication Act 1953." This records the procedural compliance with the statutory publication regime for subordinate instruments and is a cue that the text, schedules and mapped parts are the official published form.
These concepts determine how to identify the subject land, the timing of effect, which instrument supplies the substantive regulatory rules (the 1995 Act) and which body to approach administratively for matters arising from the order.
Who it affects
The order affects three discrete sets of stakeholders by changing the statutory regime that governs a precise set of parcels.
Land parcels and their legal description. The primary objects affected are the forest reserves identified in Schedule 1. Seventeen reserves are listed by name, land district, parish (where recorded), a textual description tied to Central Plan Register Plan numbers, and an area in hectares. Examples include John Lynch Forest Reserve Extension (4,103 ha, Central Plan Register Plan 6880, Part 8 of Schedule 2), North Styx Forest Reserve (4,222 ha, Plan 6883, Part 10), and the large Savage River Pipeline Forest Reserve (31,042 ha, Plan 6886, Part 11). For these parcels the legal regime has changed: the Mineral Resources Development Act 1995 now applies (s 3).
Public authorities and administrators. The instrument is administered in the Department of Infrastructure, Energy and Resources. That department is therefore the designated administrative custodian and the natural first point of contact for queries, records, and implementation. More broadly, any agencies or officers exercising powers under the Mineral Resources Development Act 1995 will, by reason of the order, have those powers capable of exercise in relation to the specified forest reserves once the order commences.
Persons and entities with an interest in the land. The order will be consequential for any person, body or occupier whose activities interact with the mineral law in relation to the named forest reserves. The order itself does not list those persons, but by declaring the 1995 Act applicable it brings the full set of rights, duties and procedural mechanisms contained in the 1995 Act into play for those who, for example, seek to conduct exploration or development activities on the specified land, or who have existing interests affected by mineral legislation. Because the order provides no list of affected private parties, identification of affected persons requires cross-referencing the 1995 Act and local land records.
Map users and surveyors. The schedule ties the legal description to Central Plan Register Plans and includes reduced copies "by way of illustration only" in Schedule 2. Anyone relying on the map reproductions must therefore consult the Central Plan Register Plans referenced for authoritative boundaries. The order affects surveyors, title authorities and planning officers who must align on the authoritative plan source.
Other legislation and land managers. Agencies that manage forest reserves, or that regulate land use under other statutory regimes, will need to account for the new overlay of the Mineral Resources Development Act 1995 on these parcels. The order does not record relationships with other Acts, but it does require those agencies to recognise that, from the commencement date, mineral regulatory processes apply to the listed reserves.
The text of the instrument confines its effect to the listed reserves and to the application of the 1995 Act thereon. It does not itself alter ownership, nor does it create new categories of person, but it alters which statutory regime governs those parcels and therefore who must engage with which statutory processes.
Key duties and rights
The order does not enumerate new duties, rights or procedural steps within its own text. Its operative effect is to extend the territorial reach of the Mineral Resources Development Act 1995 to the parcels listed in Schedule 1 (s 3). Therefore the key duties, rights and procedural mechanisms that will become relevant for the listed land are those contained in the 1995 Act. The order functions as a jurisdictional trigger, not as a substantive rulebook.
Concretely implied by the text:
Applicability trigger. Section 3 triggers the applicability of the 1995 Act to each parcel in Schedule 1. Anyone who exercises statutory rights or who is subject to statutory duties under the 1995 Act will, by virtue of s 3, need to consider those provisions in relation to the reserves listed in Schedule 1. The order does not alter the content of those rights or duties; it only makes them applicable to the named land.
Boundary identification duty. Schedule 1 ties each reserve to a specific Central Plan Register Plan number, and the textual description specifies "Land bounded by heavy black lines on Central Plan Register Plan [number] ...". The drafting places an implicit duty of accuracy on users to consult the named plan in the Central Plan Register for precise boundaries because Schedule 2 copies are expressly "by way of illustration only". Therefore a practical duty follows: to determine rights and obligations for a particular parcel one must consult the authoritative plan referenced.
Administrative engagement. The instrument is administered in the Department of Infrastructure, Energy and Resources. That indicates a duty to engage with that department for administration of the order itself and likely for co-ordination where the 1995 Act’s processes apply to the listed reserves. The order does not specify processes, but it assigns administrative responsibility for the order.
Temporal duty. Commencement depends on Gazette notification (s 2). That creates a temporal boundary: parties must apply the 1995 Act to the listed reserves only from the date of Gazette notification (document records notification on 16 August 2006). Activities before that date fall outside the changed scope; activities on or after that date require attention to the 1995 Act’s requirements.
Map reliance rights. Schedule 2 provides reduced plan images but labels them illustrative only. Users have the right to inspect those illustrations but cannot treat them as authoritative boundaries; the right to rely on the official Central Plan Register Plans is implied by the wording.
Because the order does not reproduce the 1995 Act, it does not itself list specific licensing procedures, appeal rights, penalties, or reporting duties; those remain within the 1995 Act’s text. The practical upshot is that entities with existing or proposed interests in the listed reserves must map their activities onto the 1995 Act’s processes once the order is in force.
Penalties and enforcement
The order contains no penalty provisions and does not itself establish enforcement mechanisms. Its entire operative content is declaratory: it makes the Mineral Resources Development Act 1995 applicable to the forest reserves specified in Schedule 1 (s 3). Any penalties, enforcement powers, compliance obligations, or offences that become relevant for the listed reserves are those contained in the 1995 Act, not in this order.
Two points relevant for enforcement and legal liability follow from the instrument as published:
Enforcement via the 1995 Act. Because the order imports the applicability of the 1995 Act to the named land, enforcement mechanisms that exist in the 1995 Act become capable of operation on those parcels. This order does not alter the content or scope of those mechanisms; it only provides the territorial precondition for their exercise in respect of the listed forest reserves.
No transitional carve-outs or saving provisions. The order contains no express savings, transitional arrangements or temporal carve-outs preserving pre-existing activities, licences or rights. In the absence of such provisions within the instrument itself, the legal transition is governed by the 1995 Act and by any transitional provisions that may exist within that Act. The order’s silence therefore signals that any enforcement or compliance consequences follow the ordinary operation of the 1995 Act from the Gazette notification date.
Administratively, the Department of Infrastructure, Energy and Resources is recorded as administering the order. That department will be the likely contact point for enforcement coordination, records and administrative compliance questions relating to the order’s effect, although the order does not itself confer enforcement powers on that department beyond its role in relation to the 1995 Act.
Because the instrument does not state or create offences, penalties or enforcement protocols, any assessment of enforcement burden, criminal or civil liability, administrative penalties, appeal routes or review procedures must be made by reference to the Mineral Resources Development Act 1995 itself.
How it interacts with other laws
The text of the order establishes a single point of statutory interaction: it alters the geographical scope of the Mineral Resources Development Act 1995 by declaration (s 3). The order itself does not purport to amend other statutes, create exceptions to other regimes, override land tenure, or modify rights under other legislation. However, the practical legal consequence is that the listed forest reserves will now be governed , in addition to any other applicable law , by the 1995 Act. The order’s content identifies several concrete interaction mechanisms and practical considerations.
Overlay of regulatory regimes. By making the 1995 Act applicable to the listed reserves, the order creates an additional statutory overlay that must be considered alongside any other statutes that also operate in relation to forest reserves. The order does not specify whether it displaces, alters or prioritises other regimes; it simply creates co-existing applicability in respect of minerals regulation. Determining conflicts, precedence, or detailed interaction requires consulting the 1995 Act and any relevant Acts governing forest reserves, land use planning, environmental protection, or conservation.
Authoritative boundary instruments. The order ties each reserve to a Central Plan Register Plan number. The Schedule 2 illustrations are expressly "by way of illustration only." This drafting clarifies interaction between the order and cadastral/plan-related law: the Central Plan Register Plans are the authoritative documents for boundaries. Where titles, leases or other statutory land descriptions rely on plan registers, the order’s reference to plan numbers integrates with that system.
Administrative responsibility. The order is administered in the Department of Infrastructure, Energy and Resources. That administrative placement affects interaction with other laws by identifying the department that will coordinate or take enquiries on the order. For example, where another department manages forest reserves under a different statute, inter-departmental coordination will be necessary because this order brings minerals law issues into the administrative picture for those parcels.
Publication and procedural law. The instrument is "Displayed and numbered in accordance with the Rules Publication Act 1953." That procedural compliance interacts with the larger statutory framework governing the validity of subordinate legislation and provides a formal basis for the order’s publication and legal effect.
No express saving of existing rights. The order contains no express reference to saving existing rights, agreements, licences or permits under other laws. Therefore, interaction with previously granted rights or statutory arrangements will depend on the terms of those instruments and on the 1995 Act’s treatment of existing interests when the Act becomes applicable to previously excluded land. Users must therefore consult both the 1995 Act and the relevant other instruments to establish how existing rights are affected.
In short, the order creates a clear legal link between the named forest reserves and the Mineral Resources Development Act 1995, and it does so by reference to the cadastral plan system. Any nuanced interaction with other legislation must be resolved by reference to the other statutes and the 1995 Act itself; the order provides the jurisdictional fact that prompts that comparative statutory analysis.
Amendment history
The instrument as supplied records two procedural items relevant to its history.
Date of Gazette notification. The order states it was "Notified in the Gazette on 16 August 2006." Because the order’s commencement is tied to Gazette notification (s 2), that date marks the operative beginning of the order’s effect.
Display and numbering compliance. The order is "Displayed and numbered in accordance with the Rules Publication Act 1953." This records that the order was published in the formal manner required by subordinate legislation rules.
The order contains no further text indicating any subsequent amendments, revocations or variations. There are no provisions within the supplied text that repeal or vary the order itself, and the schedule entries do not contain amendment annotations. Absent any additional instrument text or public annotation within this document, no later amendments are recorded here.
Practically, the order does not include sunset clauses, review timelines or scheduled amendments. Its operation continues until it is repealed, varied or otherwise affected by subsequent legislative action. The supplied text does not include any such subsequent instrument.
For a definitive, up-to-date statement about amendments, revocations or successor instruments, consultation of the official legislative database or the administering department’s records would be required; that step is outside the content of this instrument, which records only the date of Gazette notification and the administrative placement.
Litigation history
The supplied instrument contains no litigation history, references to court decisions, or notes of judicial interpretation. It is a short statutory order that declares application of the Mineral Resources Development Act 1995 to specified parcels and does not include references to cases, disputes, or judicial review proceedings.
Because the instrument is narrowly declaratory and was notified in the Gazette on 16 August 2006, any litigation that might arise from its operation would concern actions taken under the Mineral Resources Development Act 1995 as applied to the listed reserves. The order itself does not create new causes of action, nor does it include procedural rules that would themselves be litigated; disputes would instead involve the substantive or procedural provisions of the 1995 Act as they operate in relation to the named parcels.
The absence of litigation references in the document means the text contains no precedential or interpretative guidance arising from courts. If a user needs to know whether the order has been subject to judicial challenge, or whether courts have interpreted the manner in which the 1995 Act applies to the reserves listed here, those enquiries must be taken outside this instrument to the 1995 Act case law and any judgments addressing the application of that Act post-notification.
Gotchas
This concise instrument contains several drafting features and factual details that can create practical traps or points of uncertainty for users. The following list identifies those features and explains the concrete mechanism by which they create operational risk.
Illustrative maps are not authoritative. Each Schedule 1 description ties the reserve to a Central Plan Register Plan and then states that a reduced copy of that plan is set out "by way of illustration only" in Schedule 2. The practical consequence is that relying on the Schedule 2 images alone for precise boundary determination is risky. Always consult the Central Plan Register Plan number specified in Schedule 1 to obtain the authoritative boundary. The instrument makes this clear by wording in each Schedule 1 entry.
Commencement depends on Gazette notice. Section 2 states that the order "takes effect on the day on which its making is notified in the Gazette." The instrument records notification on 16 August 2006, but if a practitioner relies on a different source or a mistaken date, they may mis-apply the 1995 Act to activities predating the notification. The operative legal date is the Gazette notice date.
No express transitional or saving provisions. The order contains no express transitional arrangements preserving pre-existing licences, leases or rights in relation to the named reserves. If there are pre-existing interests governed by other statutes or contractual arrangements, their interaction with the 1995 Act, once the order applies, will depend on the text of those instruments and on the 1995 Act itself. Users should not assume the order leaves existing arrangements untouched; the order is silent on that point.
Administrative custody does not equal substantive control. The order states it "is administered in the Department of Infrastructure, Energy and Resources." That identifies the administrative custodian for the order but does not define how substantive powers under the 1995 Act are to be exercised. Where other agencies manage the forest reserves under other legislation, there may be coordination requirements or overlapping responsibilities not resolved by this order.
One typographical artefact. The Schedule 1 entry for Deep Gully Forest Reserve Extension contains a minor textual anomaly, "set out, by way of illustration only, in Part 4 of Schedule 2< to this order." While typographical, such anomalies can create ambiguity in electronic searches or automated processing; practitioners should rely on plan numbers and other clear identifiers rather than stray characters in a printed or electronic copy.
Variation in parish entries. Some Schedule 1 entries show the parish field as a dash. The absence of a parish identification for some reserves means that parish-level searching or records that rely on parish fields may not reveal the parcel without consulting the Central Plan Register Plan indicated.
Size concentration in one entry. The Savage River Pipeline Forest Reserve is recorded as 31,042 ha, an order-of-magnitude larger than other entries. The concentration of area in that single reserve may raise practical issues in administration, public interest, stakeholder engagement, and enforcement should mineral activities be proposed there. The instrument does not itself address any such scaling implications.
No express effect on ownership status. The order declares application of the 1995 Act; it does not state that ownership, leasehold status, or management tenure is altered. Users should not assume change of ownership or transfer of rights occurs by the order alone.
These gotchas are not defects in policy but practical flags: the instrument is short, technical and jurisdictional in effect. Accurate implementation requires attention to the referenced plan numbers, Gazette date, and coordination with the administering department.
How to comply
The order’s compliance obligations are indirect and derive from its effect of bringing the Mineral Resources Development Act 1995 to bear on the named forest reserves. The order itself imposes no new explicit procedural steps, penalties or reporting duties; compliance therefore requires working through two tracks: (1) conform to the requirement to treat the named land as subject to the 1995 Act from the Gazette date, and (2) follow the technical mapping and administrative steps the order identifies for boundary and contact details.
Concrete steps for compliance and risk management based on the order’s text:
Confirm commencement date. The order takes effect on the day its making is notified in the Gazette (s 2). The instrument records Gazette notification on 16 August 2006. Use that date as the legal start point for applying the 1995 Act to the listed reserves. For record-keeping and any retrospective enquiries, keep a copy of the Gazette notice.
Identify the precise parcels via Central Plan Register Plans. Each Schedule 1 entry identifies the authoritative plan number for the parcel in words: "Land bounded by heavy black lines on Central Plan Register Plan [number]". Consulting the Central Plan Register Plan referenced for each reserve is necessary to determine exact boundary lines and to align any physical works, surveys, or applications with the correct legal description. Do not rely solely on the reduced images in Schedule 2, which are "by way of illustration only."
If you hold an interest or propose an activity on a listed reserve, inspect the Mineral Resources Development Act 1995. Because the order declares that Act applies to the listed reserves (s 3), the substantive legal requirements, permissions, authorisations, offences and appeal mechanisms that you must follow are those set out in the 1995 Act. The order does not restate or modify those rules; you must consult the 1995 Act itself and any subordinate instruments made under it.
Contact the administering department. The order identifies the Department of Infrastructure, Energy and Resources as the administrative home for the instrument. For practical matters such as records, clarification of plan references, procedural questions about how the department will administer matters under the 1995 Act in relation to these reserves, or for lodging enquiries, engage with that department directly.
Check for pre-existing rights and other statutory overlays. The order contains no saving clause for existing licences, leases or statutory arrangements. To understand how your rights are affected, assemble the chain of instruments that affect the parcel (title, leases, forest reserve management instruments, planning instruments) and analyse them against the provisions of the Mineral Resources Development Act 1995 as from the Gazetted commencement date.
Use plan and parish identifiers together. Schedule 1 supplies land district and parish fields where recorded. Where a parish is not listed (a dash), do not assume omission means lack of other records; use the Central Plan Register Plan number combined with land district to locate the authoritative cadastral record.
Record and preserve official documents. Keep certified copies of Schedule 1 and Schedule 2, the Gazette notification, and any correspondence with the administering department, because those items establish the territorial and temporal trigger that brings the 1995 Act into effect on the listed reserves.
For public-facing or operational work, rely on authoritative maps. When preparing applications, environmental assessments, or operations that depend on precise boundaries, use the Central Plan Register Plans referenced in Schedule 1 as your authoritative source, not the reduced Schedule 2 reproductions.
Monitor for further instruments or amendments. The order itself contains no amendment history beyond the Gazetted notification. If your activities depend on whether the order remains in force or is varied, monitor official legislative publications and the administering department for any subsequent orders that may vary, revoke or otherwise affect this instrument.
Consider professional advice. Because the order’s principal effect is to import the Mineral Resources Development Act 1995 into new parcels, determining obligations and rights will often require legal, surveying and administrative analysis which goes beyond the order itself. Engage lawyers or surveyors to map existing arrangements and to ensure procedural compliance under the 1995 Act in relation to the parcels named in Schedule 1.
These steps reflect the practical obligations created by a territorial application order: identify the parcels authoritatively, treat them as within the 1995 Act from the Gazette date, engage the administering department and apply the substantive provisions of the 1995 Act to operations or interests relating to those parcels.
