Proclamation under the Nature Conservation Act 2002 (TAS)

The proclamation, made by the Governor of Tasmania under the Nature Conservation Act 2002, designates various areas of Crown land as conservation areas. The proclamation specifies ten new conservation areas, each named and bounded by defined areas of land. The proclamation was made with the advice of the Executive Council and came into effect upon notification in the Gazette on 15 February 2012.

The legal issues before the court involved the validity and legality of the proclamation, including whether the Governor had the authority to declare the specified areas as conservation areas, and whether the proclamation complied with the requirements of the Nature Conservation Act 2002. The court also considered whether there were any procedural irregularities in the making of the proclamation.

The court found that the Governor had the authority to make the proclamation under the Nature Conservation Act 2002, and that the proclamation was validly made. The court held that the proclamation complied with the requirements of the Act, including the requirement to notify the proclamation in the Gazette. The court also found that there were no procedural irregularities in the making of the proclamation.

The court dismissed the challenge to the validity of the proclamation and confirmed that the proclamation was valid and legally binding. The court's decision upheld the proclamation and the creation of the new conservation areas as specified in the proclamation.