Proclamation under the National Parks and Wildlife Act 1970 (TAS)

The Tasmanian Government proclaimed certain Crown lands as reserved land under the National Parks and Wildlife Act 1970. The proclamation was made by the Governor of Tasmania, G. S. M. Green, on the advice of the Executive Council, and was notified in the Gazette on 25 December 2002. The proclamation declared various Crown lands to be reserved land in the class of conservation area or nature recreation area, and named each area accordingly. The proclamation was administered by the Department of Tourism, Parks, Heritage and the Arts.

The proclamation raised legal issues regarding the validity of the proclamation and the process by which it was made. The validity of the proclamation was challenged on the grounds that it was not made in accordance with the requirements of the National Parks and Wildlife Act 1970. The process by which the proclamation was made was also challenged, with the argument that the Executive Council did not properly consider the relevant factors before advising the Governor to make the proclamation.

The Court found that the proclamation was valid and that the Executive Council had properly considered the relevant factors before advising the Governor to make the proclamation. The Court held that the proclamation was made in accordance with the requirements of the National Parks and Wildlife Act 1970, and that the process by which it was made was valid. The Court also held that the Executive Council had properly considered the relevant factors before advising the Governor to make the proclamation.

The proclamation was upheld, and the Crown lands were declared to be reserved land in the class of conservation area or nature recreation area, as named in the proclamation. The Court did not make any orders regarding the proclamation.