National Environment Protection Council (Tasmania) Act 1995 (TAS)

In the Supreme Court of Tasmania, the case of *Smith v. National Environment Protection Council (Tasmania)* involved a dispute concerning the validity of a national environment protection measure under the *National Environment Protection Council (Tasmania) Act 1995*. The plaintiff, Smith, argued that the Council had not followed the required procedural steps when establishing a specific environmental standard, thereby rendering the measure invalid. The court was required to determine whether the Council had adhered to the procedural requirements set out in the Act when formulating the contested measure.

The court's reasoning focused on the interpretation and application of the procedural requirements outlined in the Act. The judge examined the steps taken by the Council, including public notices, impact statements, and opportunities for public consultation. The court noted that the Council had published notices in the required manner and provided a draft of the proposed measure along with an impact statement. Submissions were invited, and the Council considered these submissions before finalizing the measure. The court found that, although there were minor procedural lapses, the Council had substantially complied with the necessary steps. Therefore, the court concluded that the minor deviations did not invalidate the measure under the Act's provisions.

The final orders of the court upheld the validity of the national environment protection measure, dismissing Smith's claim that the measure was invalid due to procedural shortcomings. The decision affirmed the Council's authority to establish environmental standards under the Act, provided that it followed the mandated procedures to a substantial extent.