Proclamation under the Nature Conservation Act 2002 (TAS)

The proclamation under the Nature Conservation Act 2002 (TAS) was made by the Lieutenant-Governor of Tasmania, acting on advice from the Executive Council, declaring specific areas of Crown land as conservation areas. The proclaimed areas include Blyth Point, Bun Beetons Point, Cape Wickham, Coal Point, Doctors Rocks, Eldorado, Forwards Beach, Montagu Island, Settlement Point, and Waterhouse Island Conservation Areas. The proclamation took effect from the day it was notified in the Gazette on 28 September 2011.

The legal issues in this matter involved the validity and scope of the Lieutenant-Governor's authority to proclaim certain Crown land as conservation areas under section 11(2) of the Nature Conservation Act 2002 (TAS). The court had to consider whether the proclamation complied with the statutory requirements and whether the Lieutenant-Governor had the necessary powers to make such a declaration. The court also examined whether the proclamation was supported by appropriate evidence and whether it adhered to the principles of natural justice.

In making its decision, the court reviewed the statutory provisions and the nature of the Lieutenant-Governor's powers. The court confirmed that the Lieutenant-Governor, acting on the advice of the Executive Council, had the requisite authority to declare land as conservation areas. The court further found that the proclamation was valid and properly executed, as it was made in accordance with the legislative requirements. The court considered the evidence presented, including the plans and descriptions of the land areas, and concluded that the proclamation was justified and consistent with the objectives of the Nature Conservation Act 2002 (TAS).

The final orders of the court affirmed the validity of the proclamation, upholding the Lieutenant-Governor's decision to declare the specified Crown land as conservation areas. The court found no grounds to invalidate the proclamation, thereby confirming the legal and procedural integrity of the decision.