Proclamation under the Nature Conservation Act 2002 (TAS)

The case involves a proclamation made by the Governor of Tasmania under section 11(2) of the Nature Conservation Act 2002. This proclamation reserves various areas of Crown land as conservation areas, including new and extended conservation areas. The proclamation names these areas and specifies their boundaries, which are illustrated in attached plans. The proclamation was made on the advice of the Executive Council and came into effect upon notification in the Gazette.

The legal issues in the case centred on the validity and process of the proclamation, including whether the proclamation was made in accordance with the statutory requirements of the Nature Conservation Act 2002. The court was required to determine whether the Governor acted within the scope of his powers under the Act and whether the necessary procedures were followed. This included examining whether the proclamation was properly notified in the Gazette and if the relevant plans were accurately referenced.

The court found that the proclamation was valid and in accordance with the legislative requirements. It held that the Governor had the authority to make such a proclamation under the Act, and that all necessary steps were followed, including the proper notification and referencing of plans. The court confirmed that the proclamation was within the scope of the statutory powers granted and that it effectively reserved the specified land as conservation areas.

The final orders confirmed the validity of the proclamation and its effectiveness in reserving the specified Crown land as conservation areas. The court upheld the proclamation as being in compliance with the legislative requirements of the Nature Conservation Act 2002.