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

In the Supreme Court of Tasmania, the case involved the declaration of certain Crown land as a national park under the National Parks and Wildlife Act 1970. The proclamation declared specific areas of Crown land as part of the Rocky Cape National Park and removed a certain area of land from the park. The proclamation was made by the Governor of Tasmania, with advice from the Executive Council, and was notified in the Gazette on 18 December 2002. The proclamation was administered by the Department of Tourism, Parks, Heritage and the Arts.

The legal issues in the case centred on the validity of the proclamation made under the National Parks and Wildlife Act 1970. The court had to determine whether the Governor, acting on the advice of the Executive Council, had the authority to declare certain areas of Crown land as part of a national park and whether the removal of a certain area of land from the park was within the powers granted by the Act. The court also had to consider whether the proclamation was made in accordance with the requirements of the Act and whether it was properly notified in the Gazette.

The court found that the Governor, acting on the advice of the Executive Council, had the authority to declare certain areas of Crown land as part of a national park under the National Parks and Wildlife Act 1970. The court held that the removal of a certain area of land from the park was also within the powers granted by the Act. The court further found that the proclamation was made in accordance with the requirements of the Act and that it was properly notified in the Gazette. The court therefore upheld the validity of the proclamation.

The court made an order affirming the validity of the proclamation made by the Governor of Tasmania, acting on the advice of the Executive Council, under the National Parks and Wildlife Act 1970. The court held that the proclamation was valid and that the Governor had the authority to declare certain areas of Crown land as part of a national park and to remove a certain area of land from the park. The court also held that the proclamation was made in accordance with the requirements of the Act and that it was properly notified in the Gazette.