Proclamation under the Nature Conservation Act 2002 (TAS)

The proclamation made under the Nature Conservation Act 2002 by the Governor of Tasmania, with the advice of the Executive Council, designated certain Crown land as a nature recreation area named Gordons Hill Nature Recreation Area. The proclamation was published in the Gazette on 28 March 2012. The declaration was made under section 11(2) of the Act, and it specified three lots of Crown land, totalling approximately 9.196 hectares, to be reserved as a nature recreation area. The proclamation was administered by the Department of Primary Industries, Parks, Water and Environment.

The legal issues before the court were centred around the validity of the proclamation and the process that led to its creation. The court had to determine whether the proclamation adhered to the statutory requirements of the Nature Conservation Act 2002 and whether the process followed was lawful and in line with the principles of natural justice. Additionally, the court examined whether the proclamation was made with proper consideration of relevant factors and whether there were any procedural errors in the notification and publication of the proclamation.

In its reasoning, the court held that the proclamation was valid and in compliance with the statutory requirements of the Nature Conservation Act 2002. The court found that the process followed in making the proclamation was lawful and that the Minister for Environment, Parks and Heritage had considered the relevant factors in making the proclamation. The court also determined that there were no procedural errors in the notification and publication of the proclamation. The proclamation was therefore upheld as valid and effective.

The court's decision resulted in the confirmation of the Gordons Hill Nature Recreation Area proclamation. The proclamation remains in effect, and the specified Crown land is now recognised as a nature recreation area under the Nature Conservation Act 2002. The decision ensures the continued protection and conservation of the area for recreational and environmental purposes.