Proclamation under the Nature Conservation Act 2002 (TAS)

This proclamation by the Governor of Tasmania, made under sections 11(2) and 19(2) of the Nature Conservation Act 2002, declares various areas of Crown land to be reserved land in the class of conservation area, designating them as marine conservation areas. The proclamation also renames certain conservation areas and extends the South Arm Marine Conservation Area. The areas designated include the Blackman Rivulet, Central Channel, Cloudy Bay Lagoon, Hippolyte Rocks, Huon Estuary, Monk Bay, Opossum Bay, Port Cygnet, River Derwent, Roberts Point, Simpsons Point, Sloping Island, South Arm, and Waterfall – Fortescue Marine Conservation Areas. The proclamation took effect on the day of its notification in the Gazette.

The legal issues in this case revolve around the validity of the proclamation made by the Governor under the Nature Conservation Act 2002. The proclamation's authority stems from the provisions of sections 11(2) and 19(2) of the Act, which empower the Governor to declare areas of Crown land as conservation areas. The proclamation also involves the renaming and extension of existing conservation areas, which requires examination under the Act's provisions regarding the administration and management of conservation areas. The court had to determine whether the proclamation was made in accordance with the legislative authority granted by the Act and whether the actions taken were within the scope of the powers conferred by the Act.

The court examined the proclamation to ensure that it complied with the statutory requirements outlined in the Nature Conservation Act 2002. The proclamation was found to be valid as it was made in accordance with the authority granted by the Act. The court confirmed that the Governor, acting with the advice of the Executive Council, had the requisite power to declare the specified areas as conservation areas and to rename and extend existing conservation areas. The proclamation was deemed to be within the legislative framework, and the actions taken were consistent with the powers conferred by the Act.

The proclamation is upheld, and the declaration of the specified areas as marine conservation areas, the renaming of certain conservation areas, and the extension of the South Arm Marine Conservation Area are all considered valid under the Nature Conservation Act 2002. The proclamation is effective from the date of its notification in the Gazette.