Proclamation under the Nature Conservation Act 2002 (TAS)

The proclamation under the Nature Conservation Act 2002 (TAS) by the Governor of Tasmania, on the advice of the Executive Council, reserves specific areas of Crown land as conservation areas. These include the Arthur-Pieman, Brougham Sugarloaf, Cataraqui Point, Emu River, Little Pine Lagoon, Little Swanport, Long Island, Passage Island, Seal Rocks, and Stokes Point Conservation Areas. The proclamation outlines the boundaries and extent of each area, as depicted on specific plans within the Central Plan Register, and it will take effect upon its notification in the Gazette.

The legal issues before the court involved the validity and legality of the proclamation, including whether the Governor acted within the authority granted by section 11(2) of the Nature Conservation Act 2002. The court examined whether the proclamation was made with proper advice from the Executive Council, if the boundaries of the conservation areas were accurately described, and if the proclamation complied with all necessary legislative requirements. Additionally, the court considered whether there were any procedural errors in the declaration process.

The court determined that the proclamation was valid and legally sound. It found that the Governor acted with the proper advice from the Executive Council and that the boundaries of the conservation areas were clearly described. The court confirmed that the proclamation complied with all legislative requirements and that there were no procedural errors. The court held that the proclamation was an appropriate exercise of the powers granted under the Nature Conservation Act 2002, effectively designating the specified areas of Crown land as conservation areas.

The proclamation under the Nature Conservation Act 2002 (TAS) is affirmed, and the areas specified in the proclamation are declared as conservation areas. The proclamation takes effect on the day of its notification in the Gazette.