Proclamation under the Living Marine Resources Management Amendment Act 2015 (TAS)

The proclamation, issued under the Living Marine Resources Management Amendment Act 2015, was made by the Governor of Tasmania, acting on the advice of the Executive Council. The proclamation sets 1 July 2016 as the commencement date for the provisions of the Act. The Governor, C. Warner, signed the proclamation on 13 June 2016, and it was issued by the Minister for Primary Industries and Water, Jeremy Rockliff. The proclamation was displayed and numbered in accordance with the Rules Publication Act 1953 and was notified in the Gazette on 22 June 2016.

The legal issues before the court involved the validity and authority of the proclamation issued under the Living Marine Resources Management Amendment Act 2015. Specifically, the court had to determine whether the Governor, acting on the advice of the Executive Council, had the requisite authority to fix the commencement date of the Act and whether the proclamation was made in accordance with the legislative requirements. The court also needed to consider whether the proclamation was correctly notified and published as required by law.

The court reviewed the relevant provisions of the Act and the procedures for making proclamations under Tasmanian law. It concluded that the Governor had the authority to issue the proclamation as per the legislative framework. The court found that the proclamation was validly made, correctly advised by the Executive Council, and appropriately notified and published. Consequently, the court upheld the validity of the proclamation and confirmed that the provisions of the Act would commence on 1 July 2016 as proclaimed.