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

The proclamation was made under section 15A(1) of the National Parks and Wildlife Act 1970, declaring a specific area of reserved land in Tasmania to be reclassified as a game reserve and naming it North East River Game Reserve. The proclamation was issued by the Lieutenant-Governor on the advice of the Executive Council and took effect upon its notification in the Gazette on 2 August 2000. The proclamation altered the status of certain reserved land from a conservation area to a game reserve and renamed it North East River Game Reserve, effectively extending the existing game reserve of that name.

The court was tasked with determining whether the Lieutenant-Governor's proclamation to reclassify the reserved land was valid under the National Parks and Wildlife Act 1970. The legal issues included whether the proclamation was within the powers conferred by the Act, whether the procedural requirements were met, and whether the proclamation was consistent with the objectives of the Act.

The court held that the Lieutenant-Governor had the authority to make the proclamation under the Act, and that the procedural requirements were satisfied as the proclamation was made with the advice of the Executive Council and was notified in the Gazette. The court also found that the reclassification was consistent with the objectives of the Act, which includes the conservation of wildlife and the sustainable use of natural resources. The court concluded that the proclamation was valid and did not infringe on any rights or obligations under the Act.

The final orders of the court were that the proclamation made by the Lieutenant-Governor was valid and effective. The reclassified reserved land is now recognised as North East River Game Reserve under the National Parks and Wildlife Act 1970.