Proclamation under the Nature Conservation Act 2002 (TAS)

The proclamation was made by the Governor of Tasmania, acting on the advice of the Executive Council, under section 11(2) of the Nature Conservation Act 2002. It declared specified areas of Crown land to be reserved land in the class of nature recreation area, named the area the Recherche Bay Nature Recreation Area, and stated that the proclamation would take effect on the day it was notified in the Gazette. The proclamation was administered by the Department of Primary Industries and Water.

The central legal issue was whether the Governor had the authority to make the proclamation and whether the proclamation was in accordance with the provisions of the Nature Conservation Act 2002. Additionally, the court needed to determine if the proclamation was validly made and whether it complied with the requirements of the Act.

The court found that the Governor had the authority to make the proclamation under section 11(2) of the Nature Conservation Act 2002, and that the proclamation was validly made. The court also determined that the proclamation complied with the requirements of the Act and that it was within the powers of the Governor to declare the specified areas of Crown land as reserved land in the class of nature recreation area. The proclamation was therefore upheld as valid and binding.

The proclamation was upheld as valid, and the specified areas of Crown land were declared to be the Recherche Bay Nature Recreation Area. The proclamation took effect on the day it was notified in the Gazette, which was 12 September 2007. The decision confirmed the authority of the Governor to make such proclamations under the Act and the validity of the proclamation in question.