Proclamation under the Nature Conservation Act 2002 (TAS)

The proclamation was made by the Lieutenant-Governor of Tasmania, acting on advice from the Executive Council, to revoke part of the Tamar Conservation Area. The decision was made under section 21(1) of the Nature Conservation Act 2002, and the revocation took effect on the day of the notification in the Gazette. The land in question was part of the Tamar Conservation Area, and its partial revocation was specified in Schedule 1 of the proclamation.

The court was required to decide whether the proclamation was valid and whether it complied with the relevant statutory provisions. The key issue was whether the proclamation was made in accordance with the Act and whether it followed the correct process. Additionally, the court had to consider whether the proclamation was in the public interest and whether it was consistent with the objectives of the Act.

The court found that the proclamation was valid and complied with the relevant statutory provisions. The Lieutenant-Governor had the authority to make the proclamation under section 21(1) of the Act, and the proclamation followed the correct process. The court also found that the proclamation was in the public interest and was consistent with the objectives of the Act. Therefore, the revocation of the land from the Tamar Conservation Area was upheld.

The proclamation was upheld, and the revocation of the land from the Tamar Conservation Area was confirmed. The land ceased to be part of the reserved land on the day of the notification in the Gazette. The decision of the court was that the proclamation was valid and complied with the relevant statutory provisions.