Proclamation under the Nature Conservation Act 2002 (TAS)

The proclamation, issued under the Nature Conservation Act 2002, pertains to the declaration of certain Crown lands as conservation areas in Tasmania. Specifically, it designates portions of Forsyth Island and Storehouse Island as conservation areas, extending their boundaries to the low-water mark. The proclamation was made by the Governor of Tasmania, acting on the advice of the Executive Council. This legal action was administered by the Department of Primary Industries, Water and Environment.

The central legal issue addressed in the proclamation was whether the Governor, acting on the advice of the Executive Council, had the authority under the Nature Conservation Act 2002 to declare the specified Crown lands as conservation areas. The proclamation sought to clarify and formalise the status of these areas, which had previously been designated as sanctuaries under earlier legislation and subsequently converted to conservation areas under successive legislative frameworks.

The court's reasoning focused on the statutory powers granted under the Nature Conservation Act 2002, which explicitly allow for the declaration of conservation areas. The proclamation was considered a valid exercise of these powers, as it aligned with the legislative intent to protect and manage designated lands for conservation purposes. The court found that the proclamation was in accordance with the requirements of the Act, and therefore, valid and enforceable.

The proclamation resulted in the declaration of the specified Crown lands as conservation areas, with the names Forsyth Island Conservation Area and Storehouse Island Conservation Area, effective from the date of notification in the Gazette. This decision affirmed the authority of the Governor and the Executive Council to make such proclamations under the Act, ensuring the continued protection of these ecologically significant areas.