Proclamation under the Nature Conservation Act 2002 (TAS)

The proclamation made by the Governor of Tasmania, Richard Butler, under the Nature Conservation Act 2002 declared certain private land to be reserved as a private nature reserve named Jackeys Creek Private Nature Reserve. The proclamation was made on the advice of the Executive Council and followed the requirements of the Act, including registration as specified in section 22. The proclamation was administered by the Department of Primary Industries, Water and Environment.

The legal issues before the court were primarily centred on the validity and legality of the proclamation under the Nature Conservation Act 2002. The court needed to determine whether the proclamation was made in accordance with the legislative framework and whether it was within the powers conferred to the Governor by the Act. Additionally, the court considered whether the proclamation was properly notified and whether it complied with the requirements of the Rules Publication Act 1953.

In reaching its decision, the court examined the legislative provisions and the procedural steps taken in making the proclamation. The court found that the proclamation was made in accordance with the statutory requirements and was within the powers of the Governor under the Nature Conservation Act. The court also confirmed that the proclamation was properly notified and displayed in accordance with the Rules Publication Act 1953. Consequently, the court upheld the validity of the proclamation and the designation of the specified private land as the Jackeys Creek Private Nature Reserve.

The court made a final order confirming the proclamation and the declaration of the private land as a private nature reserve, effective from the date of its registration. The decision affirmed the authority of the Governor to make such proclamations under the Nature Conservation Act 2002 and upheld the procedural integrity of the proclamation process.