Inland Fisheries (Protected Fish) Order 1997 (TAS)

The matter before the court involved the validity of the Inland Fisheries (Protected Fish) Order 1997, which declared the giant freshwater crayfish to be protected fish under the Inland Fisheries Act 1995. The dispute centred on whether the Minister for Inland Fisheries had the requisite authority under the Act to make the order, and whether the order itself was in compliance with the legislative framework.

The court was tasked with determining whether the Minister's action in declaring the giant freshwater crayfish as protected fish was within the bounds of the authority granted by the Act. This required an examination of the specific provisions of the Inland Fisheries Act 1995 that pertain to the protection of fish species and the extent of ministerial powers in this regard.

In reaching its decision, the court analysed the statutory language and the scope of the powers conferred upon the Minister. It concluded that the Minister's authority to declare a species as protected fish was explicitly provided for under section 131(1) of the Act, and that the order in question was both within the scope of this authority and compliant with the legislative requirements. The court thus upheld the validity of the order, finding that the Minister acted within their legislative mandate in protecting the giant freshwater crayfish.

As a result of this ruling, the Inland Fisheries (Protected Fish) Order 1997 remains in effect, and the giant freshwater crayfish continues to be recognised as a protected species under the Inland Fisheries Act 1995.