Proclamation under the Nature Conservation Act 2002 (TAS)

The proclamation, made under the Nature Conservation Act 2002, by the Governor of Tasmania, concerns the revocation of two marine nature reserves and the creation of two new ones. The existing Tinderbox Marine Nature Reserve and Nine Pin Point Marine Nature Reserve are revoked and new reserves by the same names are established in their place. The proclamation specifies the exact areas affected, which are detailed in the accompanying schedules and plans. The legal challenge to the proclamation was based on the process followed by the Minister in making the proclamation, with the argument that the Minister did not adequately consider certain submissions received during the public consultation period.

The primary legal issue before the court was whether the Minister acted lawfully in making the proclamation, specifically whether the Minister adequately considered all relevant submissions during the public consultation process. The challenge argued that the Minister failed to give proper weight to certain submissions, thereby breaching the requirements of the Act. The court needed to determine if the Minister's actions were in accordance with the statutory requirements and if the process followed was procedurally fair and lawful.

The court found that the Minister had indeed considered the relevant submissions and that the process followed was lawful. The court held that the Minister had given proper consideration to all relevant submissions, including those that were critical of the changes proposed. The proclamation was found to be valid as the Minister had appropriately exercised the powers granted by the Act. The court rejected the contention that the Minister failed to consider certain submissions adequately, thereby upholding the validity of the proclamation. The proclamation remains in force as declared, affecting the status of the specified areas of Crown land.