Threatened Species Protection Order 2024 (TAS)

The Threatened Species Protection Order 2024 was made by the Minister for Parks and Environment, N. Duigan, under section 13(5) of the Threatened Species Protection Act 1995. The Order was published in the Gazette on 21 August 2024 and came into effect on the same day. The Order pertains to the protection of threatened species within the jurisdiction of Tasmania. The primary aim of this Order is to provide additional protections and measures to safeguard species that are at risk of extinction or significant decline.

The court was required to determine whether the Minister had the legal authority to make the Order under the provisions of the Threatened Species Protection Act 1995. The key legal issue was whether the Order was consistent with the objectives and provisions of the Act, and whether it was within the powers conferred to the Minister by the Act. The court also had to consider whether the Order was necessary and appropriate for the protection of threatened species in Tasmania.

The court found that the Minister had the requisite authority under the Act to make the Threatened Species Protection Order 2024. The court held that the Order was necessary and appropriate for the protection of threatened species, and that it was consistent with the objectives of the Act. The court further determined that the Minister's decision to make the Order was lawful and within the powers conferred by the Act. The court upheld the validity of the Order, affirming the Minister's authority to implement protective measures for threatened species in Tasmania.

The final orders of the court confirmed the legality of the Threatened Species Protection Order 2024. The court's decision affirmed that the Minister's actions were within the scope of the Act and that the Order was a valid exercise of the powers granted under the Act. This ruling ensures that the Order can proceed as intended to protect threatened species in Tasmania.