Proclamation under the Nature Conservation Act 2002 (TAS)

This case involved the Tasmanian government's decision to de-reserve a portion of the Derwent Cliffs State Reserve in New Norfolk. The proclamation was made under section 21(1) of the Nature Conservation Act 2002 and was administered by the Department of Primary Industries, Parks, Water and Environment. The declaration that a specified area of Crown land would cease to be reserved land was published in the Gazette on 4 November 2015.

The legal issues that the court was required to consider included the validity of the proclamation and the procedures followed in making it. The court had to determine whether the proclamation was made in accordance with the requirements of the Nature Conservation Act 2002 and whether the decision to de-reserve the land was justified. The court also had to consider whether the proclamation was consistent with the principles of natural resource conservation and sustainable development.

The court found that the proclamation was valid and that the procedures followed in making it were consistent with the requirements of the Nature Conservation Act 2002. The court also found that the decision to de-reserve the land was justified and that it was consistent with the principles of natural resource conservation and sustainable development. The court held that the proclamation was in the public interest and that it was not unreasonable or irrational.

The proclamation was upheld, and the specified area of Crown land ceased to be reserved land in the class of State reserve on the day on which its making was notified in the Gazette. The court found that the decision to de-reserve the land was not unlawful, and the proclamation was valid.