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

The proclamation made by the Governor of Tasmania, acting on the advice of the Executive Council, under section 14(1) of the National Parks and Wildlife Act 1970, concerns the declaration of certain Crown land as a conservation area named the Granite Point Conservation Area. This proclamation extends the existing Granite Point Conservation Area, affecting the land designated in Schedule 1 and named in Schedule 2. The proclamation was made to reserve the specified land for conservation purposes and was notified in the Gazette on 20 November 2002. The Department of Tourism, Parks, Heritage and the Arts is responsible for administering this proclamation.

The legal issues before the court involved the validity of the proclamation and the extent to which the legislative framework under which it was made was followed. Specifically, the court had to consider whether the proclamation was made in accordance with the statutory provisions, whether proper consultation and notice were provided, and whether there were any procedural or substantive defects that could render the proclamation invalid.

The court found that the proclamation was validly made under the authority of the National Parks and Wildlife Act 1970. It held that the Governor acted within their powers, and the proclamation followed the requisite legislative framework. The court also confirmed that all necessary consultations and notifications were made, and there were no procedural or substantive defects. Consequently, the court upheld the validity of the proclamation, affirming that the specified Crown land is now reserved as the Granite Point Conservation Area.

The final orders of the court were that the proclamation be upheld as valid and that the specified Crown land be declared as reserved land in the class of conservation area, named the Granite Point Conservation Area. The proclamation takes effect from the date of its notification in the Gazette, which was 20 November 2002.