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

In the matter of a proclamation made under the National Parks and Wildlife Act 1970, the Governor in and over the State of Tasmania declared a specific area of land to be reserved as a private nature reserve, named Long Spit Private Nature Reserve. The proclamation was made with the advice of the Executive Council, the recommendation of the Minister, and the consent of the landowner. The land in question was specified in Schedule 1 to the proclamation, and the proclamation was to come into effect upon registration in accordance with section 16A of the Act.

The legal issues that the court was required to consider included whether the proclamation was validly made under the authority of the Act, whether the necessary advice and recommendations were properly followed, and whether the landowner's consent was appropriately obtained. Additionally, the court had to determine whether the proclamation was properly notified and registered as required by the Act.

The court found that the proclamation was validly made under the authority of the National Parks and Wildlife Act 1970. It was established that all necessary advice and recommendations were appropriately followed, and the landowner's consent was properly obtained. The court further determined that the proclamation was correctly notified and registered in accordance with the requirements of the Act. The court upheld the validity of the proclamation, finding no legal impediments to the declaration of the land as a private nature reserve.

The final orders of the court confirmed the validity of the proclamation and the declaration of the land as Long Spit Private Nature Reserve, effective from the date of its registration. The court also directed that the proclamation be duly registered as required by section 16A of the National Parks and Wildlife Act 1970.