Proclamation under the Living Marine Resources Management (Validation of Documents) Act 2002 (TAS)

The proclamation issued under the Living Marine Resources Management (Validation of Documents) Act 2002 (TAS) was made by the Governor of Tasmania, with advice from the Executive Council. The document sets 1 May 2003 as the effective date for the commencement of section 5 of the Act, which pertains to the validation of documents related to marine resource management. The proclamation was signed by the Governor, G.S.M. Green, on 14 April 2003, and was subsequently displayed and numbered in accordance with the Rules Publication Act 1953. The Minister for Primary Industries, Water and Environment, Bryan Green, issued the proclamation by His Excellency’s command.

The central legal issue in this proclamation was the effective date for the validation of certain documents under section 5 of the Living Marine Resources Management (Validation of Documents) Act 2002. The Act seeks to validate documents that were issued under previous legislation, ensuring that these documents continue to have legal standing and effect. The proclamation was necessary to clarify the commencement date of this section, ensuring that there was no ambiguity or gap in the legal framework governing marine resource management in Tasmania.

In making the proclamation, the Governor relied on the authority granted under section 2(2) of the Act, which allows for the fixing of commencement dates for sections of the Act through a formal proclamation. The decision to set 1 May 2003 as the effective date was made in consultation with the relevant stakeholders and the Executive Council. The proclamation was designed to provide certainty and continuity in the management of marine resources by validating the relevant documents. The Minister for Primary Industries, Water and Environment, Bryan Green, issued the proclamation on behalf of the Governor, ensuring that the legal requirements were met.

The proclamation was published in the Gazette on 23 April 2003 and is administered by the Department of Primary Industries, Water and Environment. The Explanatory Note attached to the proclamation clarifies that the note itself is not part of the proclamation but is intended to provide additional context and understanding of its purpose and effect. The proclamation effectively ensures that section 5 of the Living Marine Resources Management (Validation of Documents) Act 2002 commences on the specified date, thereby validating the relevant documents and maintaining the continuity of marine resource management in Tasmania.