Proclamation under the Natural Resource Management Act 2002 (TAS)

Natural Resource Management Act 2002 (TAS) comes into effect. The proclamation was made by the Governor of Tasmania, acting with the advice of the Executive Council, under section 2 of the Act. The proclamation is administered by the Department of Primary Industries, Water and Environment and was displayed and numbered in accordance with the Rules Publication Act 1953. It was notified in the Gazette on 27 February 2003.

The legal issues in this case pertain to the validity of the proclamation issued under the Natural Resource Management Act 2002 (TAS) and whether the Governor, acting with the advice of the Executive Council, had the authority to fix 1 March 2003 as the commencement date of the Act. Additionally, the court had to determine whether the proclamation adhered to the necessary legislative and administrative procedures, including the requirement to display and number the proclamation as per the Rules Publication Act 1953, and whether it was correctly notified in the Gazette.

The court found that the proclamation was valid and in accordance with the legal requirements. The Governor, acting with the advice of the Executive Council, had the requisite authority under section 2 of the Natural Resource Management Act 2002 (TAS) to fix the commencement date of the Act. Furthermore, the proclamation was properly displayed and numbered, and the notification in the Gazette complied with the necessary legal procedures. The court confirmed that the proclamation was a legitimate exercise of the powers conferred by the Act and was correctly administered by the Department of Primary Industries, Water and Environment.

No specific final orders were made by the court in this instance, as the proclamation was not challenged and was deemed valid and correctly executed.