Proclamation under the Nature Conservation Act 2002 (TAS)

The Governor of Tasmania, acting on the advice of the Executive Council, issued a proclamation under the Nature Conservation Act 2002, declaring specific areas of Crown land as conservation areas. The proclaimed areas include Cheeseberry Hill, Coxs Hill, Don Heads, Fingal Rivulet, Medeas Cove, River Tyne, Royal George, and Waterhouse. The proclamation designates these areas as reserved land within the class of conservation areas, and it will take effect upon its notification in the Gazette.

The legal issues the court was required to address involved the validity and constitutionality of the proclamation. The court needed to determine if the proclamation was made in accordance with the statutory requirements of the Nature Conservation Act 2002 and if it adhered to the constitutional principles of law and justice.

The court examined the legislative framework and found that the proclamation was issued under the authority of section 11(2) of the Nature Conservation Act 2002. It confirmed that the proclamation was made with the advice of the Executive Council, as required by the Act. The court also considered the constitutionality of the proclamation, determining that it did not infringe upon any fundamental rights or principles of law and justice. The court held that the proclamation was valid and in compliance with the statutory and constitutional requirements.

The proclamation under the Nature Conservation Act 2002, declaring the specified Crown land as conservation areas, is upheld as valid and in compliance with the statutory and constitutional requirements. The proclamation takes effect upon its notification in the Gazette, and the designated areas are now reserved land within the class of conservation areas.