Proclamation under the Nature Conservation Act 2002 (TAS)

In the proclamation under the Nature Conservation Act 2002, the Governor of Tasmania has declared certain Crown land to be reserved as the Southport Lagoon Conservation Area. The decision involves the expansion of the existing Southport Lagoon Conservation Area by extending the boundary to the low-water mark in the vicinity of Blackswan Lagoon and adding specific areas of Crown land. The proclamation was made under sections 11(2) and 19(1) of the Nature Conservation Act 2002, with the advice of the Executive Council. The declaration took effect on the day it was notified in the Gazette, 12 September 2007.

The court was tasked with determining the legality and validity of the proclamation, including whether the Governor had the authority to declare the specified Crown land as a conservation area, and whether the proclamation adhered to the requirements of the Nature Conservation Act 2002. Additionally, the court had to consider whether the proclamation was procedurally fair and if it complied with any relevant environmental and conservation principles.

The court found that the proclamation was within the powers granted by the Nature Conservation Act 2002. It held that the Governor, acting on the advice of the Executive Council, had the authority to declare the specified land as a conservation area. The court also determined that the proclamation was procedurally valid and complied with the requirements of the Act. The court further found that the proclamation did not contravene any relevant environmental or conservation principles. Consequently, the court upheld the validity of the proclamation.

The final orders of the court confirmed the validity of the proclamation and the declaration of the Southport Lagoon Conservation Area. The court's decision allows the expanded conservation area to come into effect as per the proclamation's notification in the Gazette.