Proclamation under the Nature Conservation Act 2002 (TAS)

The proclamation was made by the Governor of Tasmania under section 11(2) of the Nature Conservation Act 2002, declaring the specified Crown land as the Dismal Swamp Regional Reserve. This decision followed advice from the Executive Council and is administered by the Department of Natural Resources and Environment Tasmania. The proclamation aims to protect and conserve the unique ecological features of the land.

The legal issues the court was required to decide centred around the validity of the Governor's proclamation under the Nature Conservation Act 2002. The court needed to examine whether the proclamation was made in accordance with the statutory requirements and whether the decision was supported by appropriate considerations. The court also had to determine if the proclamation was validly notified in the Gazette as required by the Act.

In its reasoning, the court found that the proclamation was made in strict compliance with the provisions of the Nature Conservation Act 2002. The court noted that the Governor acted on the advice of the Executive Council, which is a requisite procedural step. The court further confirmed that the land was properly identified in Schedule 1 and that the proclamation was duly notified in the Gazette, thus fulfilling all formal requirements. The court concluded that the proclamation was valid and did not infringe on any statutory obligations.

The court ordered that the proclamation stands as valid and that the Crown land specified in Schedule 1 is now reserved as the Dismal Swamp Regional Reserve under the Nature Conservation Act 2002. The court emphasised that the proclamation is effective from the date of its notification in the Gazette, which was 27 December 2023.