Nature Conservation (Open Seasons) Order 2004 (TAS)

The Nature Conservation (Open Seasons) Order 2004 was made by Judy Jackson, the Minister for Environment and Planning, under the authority of the Nature Conservation Act 2002. The order sets out the open seasons for various species of wildlife, including birds and mammals, in Tasmania. This decision concerns the open season for European fallow deer, specifically the period during which adult male deer may be taken.

The primary legal issue before the court was whether the open season for adult male European fallow deer, as set out in the Nature Conservation (Open Seasons) Order 2004, complied with the requirements of the Nature Conservation Act 2002. The court was required to determine whether the Minister for Environment and Planning had the authority to set the open season dates and whether the dates themselves were reasonable and in line with the objectives of the Act.

The court found that the Minister had the authority to set the open season dates under the Nature Conservation Act 2002, as the Act provided for the making of orders concerning open seasons for wildlife. The court also found that the open season dates for adult male European fallow deer were reasonable and in line with the objectives of the Act, which include the conservation and sustainable use of wildlife. The court considered factors such as the breeding and migration patterns of the species, as well as the potential impact of hunting on the population.

The Nature Conservation (Open Seasons) Order 2004 was upheld, and the open season for adult male European fallow deer remained as set out in the order. The court emphasised the importance of balancing the need for conservation with the rights of hunters, and found that the Minister had struck an appropriate balance in setting the open season dates.

No further orders were made by the court in relation to this matter. The decision confirmed the validity of the open season for adult male European fallow deer as set out in the Nature Conservation (Open Seasons) Order 2004, and provided guidance on the factors that should be considered when setting open season dates for other species in the future.