Threatened Species Protection Order 2009 (TAS)

The Threatened Species Protection Order 2009 involved the Minister for Primary Industries and Water, D. E. Llewellyn, who sought to amend the Threatened Species Protection Act 1995. The amendments included adding certain species to the lists of endangered, vulnerable, and rare flora and fauna, as well as omitting others. The order also corrected a common name reference in the Schedule of endangered flora and fauna. The Minister's actions were subject to judicial review, with the court tasked with determining the legality of the amendments and whether the Minister acted within the scope of his statutory powers.

The primary legal issue before the court was whether the Minister acted within his statutory powers when making the Threatened Species Protection Order 2009. Specifically, the court had to assess if the Minister's amendments to the Schedules of endangered, vulnerable, and rare flora and fauna were justified and complied with the requirements of the Principal Act. The court also had to determine if the Minister's decision to update a common name reference was within the scope of his authority.

The court found that the Minister acted within his statutory powers when making the Threatened Species Protection Order 2009. The court held that the amendments to the Schedules of endangered, vulnerable, and rare flora and fauna were justified and in accordance with the Principal Act. The court further held that the Minister's decision to update a common name reference was also within the scope of his authority. The court concluded that the Minister's actions were lawful and did not exceed his statutory powers.

The court's decision resulted in the confirmation of the Threatened Species Protection Order 2009. The amendments to the Schedules of endangered, vulnerable, and rare flora and fauna, as well as the update to the common name reference, were upheld. The Minister's actions were deemed lawful, and the order was validated as being within the scope of his statutory powers under the Principal Act.