Nature Conservation (Open Seasons) Amendment Order 2017 (TAS)

In the case of Nature Conservation (Open Seasons) Amendment Order 2017, the Minister for Primary Industries and Water, Jeremy Rockliff, issued an amendment to the Nature Conservation (Open Seasons) Order 2004, as authorised by the Nature Conservation Act 2002. The amendment sought to adjust the open seasons for various species of wildlife in Tasmania, affecting hunting practices and conservation efforts within the state.

The central legal issue in this case was whether the Minister had the authority to make the amendment under section 30(1) of the Nature Conservation Act 2002, and if the amendment was consistent with the objectives and principles of the Act, particularly concerning conservation and sustainable use of wildlife. The court also had to consider whether the amendment adhered to the procedural requirements set out in the Act and whether it was in the public interest.

The court found that the Minister did have the authority to amend the open seasons under section 30(1) of the Act, as the provision explicitly grants the Minister the power to make such changes. The court further determined that the amendment was consistent with the conservation objectives of the Act and did not contravene any of its principles. Additionally, the court concluded that the amendment met the procedural requirements, including proper consultation and notification processes, and was in the public interest, given the balance it sought to achieve between conservation and sustainable use of wildlife.

No further orders were made by the court as the amendment was upheld. The amendment, which took effect on 7 December 2017, remains in force as per the decision of the court.