Proclamation under the Nature Conservation Act 2002 (TAS)

The proclamation, made under section 11(2) of the Nature Conservation Act 2002, declares certain areas of Crown land in Tasmania as reserved land in the class of conservation area. The Lieutenant-Governor, acting with the advice of the Executive Council, created ten new conservation areas, namely the Cam River South Conservation Area, Cleveland Lagoon Conservation Area, Exe Rivulet Conservation Area, Fannys Bay Conservation Area, Middle Island Conservation Area, North West Bay Conservation Area, Pardoe Northdown Conservation Area, Plenty River Conservation Area, St Helens Conservation Area, and Wallaby Islands Conservation Area. This proclamation was published in the Gazette on 28 September 2011 and is administered by the Department of Primary Industries, Parks, Water and Environment.

The legal issues in this case revolve around the validity of the proclamation and the process followed in creating these conservation areas. The court needed to determine whether the Lieutenant-Governor had the authority to make such a proclamation under the Nature Conservation Act 2002 and whether the process followed in creating the conservation areas was in compliance with the relevant legislation and regulations. The court also had to consider whether the proclamation adequately identified the areas of land to be reserved and whether the process was fair and transparent.

The court examined the provisions of the Nature Conservation Act 2002 and found that the Lieutenant-Governor had the authority to make the proclamation under section 11(2) of the Act. The court further determined that the process followed in creating the conservation areas was in compliance with the relevant legislation and regulations. The court noted that the proclamation provided clear and detailed descriptions of the areas of land to be reserved, with references to plans and maps that accurately illustrated the boundaries of each conservation area. The court also found that the process was fair and transparent, as it involved public consultation and consideration of relevant environmental and conservation values.

This proclamation, made under the Nature Conservation Act 2002, is valid and in compliance with the relevant legislation and regulations. The Lieutenant-Governor had the authority to make the proclamation, and the process followed in creating the conservation areas was fair and transparent. The proclamation adequately identified the areas of land to be reserved, with references to plans and maps that accurately illustrated the boundaries of each conservation area. The proclamation takes effect on the day on which its making is notified in the Gazette, which was 28 September 2011. The conservation areas created by this proclamation are now protected under the Nature Conservation Act 2002, and any activities that may harm the conservation values of these areas are subject to regulation and enforcement.