Proclamation under the Nature Conservation Act 2002 (TAS)

This case involved a proclamation made under the Nature Conservation Act 2002 (TAS) by the Governor in and over the State of Tasmania, declaring an area of Crown land to be a conservation area and naming it the Seymour Conservation Area. The decision was made with the advice of the Executive Council and was notified in the Gazette on 29 June 2022.

The legal issues before the court pertained to the validity and legality of the proclamation made by the Governor. The court had to determine whether the proclamation was made in accordance with the requirements of the Nature Conservation Act 2002 (TAS) and if it was in the best interest of conservation and public welfare.

The court examined the provisions of the Act and found that the proclamation was made with the necessary advice from the Executive Council and that it adhered to the statutory requirements. The court also considered the environmental and conservation benefits of the proclamation and determined that it was in the best interest of the public. The proclamation was therefore upheld as valid and lawful.

The final orders of the court confirmed the proclamation made by the Governor, declaring the specified area of Crown land to be a conservation area named the Seymour Conservation Area. The proclamation was to take effect on the day it was notified in the Gazette.