Proclamation under the Nature Conservation Act 2002 (TAS)

The Governor in and over the State of Tasmania, acting under the authority of the Nature Conservation Act 2002, made a proclamation that declared certain areas of Crown land to be reserved land in the class of conservation area, creating new conservation areas and extending an existing one. This proclamation was challenged by the respondent, who argued that it was invalid because it did not include sufficient detail about the areas to be reserved. The respondent contended that the proclamation did not meet the requirements of section 11(2) of the Act, which mandates that proclamations must specify the areas to be reserved with adequate particularity.

The court had to determine whether the proclamation provided sufficient detail about the areas to be reserved to meet the requirements of section 11(2) of the Act. The court considered whether the descriptions in the proclamation, including the references to plans and maps, were adequate to identify the areas with the requisite degree of particularity. The court also had to consider whether the inclusion of plans and maps in the proclamation was sufficient to satisfy the statutory requirement.

The court found that the proclamation was valid and met the requirements of section 11(2) of the Act. The court held that the descriptions in the proclamation, together with the references to plans and maps, provided sufficient detail to identify the areas to be reserved. The court concluded that the inclusion of plans and maps in the proclamation was sufficient to satisfy the statutory requirement, as they provided a clear and detailed description of the areas to be reserved. The respondent's challenge to the validity of the proclamation was therefore dismissed.

The court dismissed the respondent's challenge and found the proclamation to be valid. The proclamation, which declared certain areas of Crown land to be reserved land in the class of conservation area, remains in effect.