{"id":"tas:sr-2020-021","name":"Nature Conservation (Open Seasons) Amendment (Muttonbird) Order 2020","slug":"nature-conservation-open-seasons-amendment-muttonbird-order-2020","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"21 of 2020","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":182597,"registerId":"tas-tas:sr-2020-021-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> This order may be cited as the [Nature Conservation (Open Seasons) Amendment (Muttonbird) Order 2020](/view/html/inforce/2026-04-12/sr-2020-021) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> This order takes effect on the day on which its making is notified in the *Gazette*.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Principal Order","content":"### 3 Principal Order\n\n> In this order, the [Nature Conservation (Open Seasons) Order 2004](/view/html/inforce/2026-04-12/sr-2004-010) is referred to as the Principal Order.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Schedule 1 amended (Muttonbird rookeries)","content":"### 4 Schedule 1 amended (Muttonbird rookeries)\n\n> Schedule 1 to the Principal Order is amended by omitting –\n> \n> > > (a) the heading “West Coast Group” after item 40; and\n> > \n> > > (b) items 41, 42 and 43.\n\nDisplayed and numbered in accordance with the *[Rules Publication Act 1953](/view/html/inforce/current/act-1953-050)*.\n\nNotified in the *Gazette* on 25 March 2020\n\nThis order is administered in the Department of Primary Industries, Parks, Water and Environment.","sortOrder":3}],"analysis":{"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":true,"description":"The order narrows the set of muttonbird rookeries listed in Schedule 1 by deleting the “West Coast Group” heading and items 41–43, thereby removing those sites from the schedule of locations governed by the Principal Order. The legal effect depends on the Principal Order’s rules for listed sites (see s4). Commencement is immediate on Gazette notification (s2)."},"complexity_factors":["Narrow, specific amendment limited to removing a heading and three schedule items (s4)","Relies on cross-reference to the Principal Order (Nature Conservation (Open Seasons) Order 2004), so understanding full effect requires consulting that instrument","Commencement is simple and immediate upon Gazette notification, reducing phased-implementation complexity (s2)","Administrative enforcement and on-the-ground compliance may require updates to permits, signage and enforcement guidance (administration note)","No new regulatory powers or offences are created; change is mechanical rather than policy-heavy"],"plain_english_summary":"This order removes the heading “West Coast Group” and three listed muttonbird rookeries from the schedule that sets sites for muttonbird open seasons in the Nature Conservation (Open Seasons) Order 2004, changing which rookeries are covered (s4). The Department of Primary Industries, Parks, Water and Environment administers the change; it takes legal effect when notified in the Gazette (s2), so people who harvest, manage or enforce rules at the removed sites face an immediate change to their legal obligations and permissions."},"issue_detection":{"absurdities":[{"type":"other","section":"Status Information / Currency of version","severity":"low","reasoning":"The phrase 'to date' implies ongoing currency, but embedding a specific access timestamp (5 April 2026 at 16:21) within the document text transforms a dynamic claim into a static one. Any future reader accessing the document sees a currency assertion anchored to a past access event, which is internally inconsistent with the promise of real-time currency.","confidence":0.6,"description":"The legislation states it is 'current from 25 March 2020 to date' but the access date of 5 April 2026 is referenced within the document itself as a fixed string, meaning the 'to date' claim is frozen at a past moment rather than genuinely dynamic."},{"type":"other","section":"Authorisation / File last modified","severity":"low","reasoning":"If the file was last modified on 12 January 2021 but no amendment instrument is recorded in the Table of Amendments for that date, it is unclear what changed. Either the Table of Amendments is incomplete (undermining its reliability) or the modification was purely administrative, but the legislation provides no mechanism to distinguish these scenarios, leaving readers unable to verify legislative integrity.","confidence":0.55,"description":"The file is stated to have been last modified on 12 January 2021, yet the version is described as 'current from 25 March 2020 to date'. The modification post-dating the commencement date without any corresponding amendment entry in the Table of Amending Instruments creates an unexplained administrative gap."},{"type":"other","section":"Title / Heading","severity":"medium","reasoning":"The truncated/corrupted heading 'Open Seas' appearing multiple times alongside the correct 'Open Seasons' title means the document on its face identifies two differently-named instruments simultaneously. In a strict statutory interpretation context, this could raise doubt as to which named instrument a citation or reference intends, particularly if 'Open Seas' were ever a distinct instrument. The duplication of headings throughout further compounds identification uncertainty.","confidence":0.72,"description":"The order is titled 'Nature Conservation (Open Seasons) Amendment (Muttonbird) Order 2020' but the heading text repeatedly renders as 'Open Seas' rather than 'Open Seasons', creating an ambiguity as to which instrument is actually being viewed."}],"contradictions":[{"severity":"low","section_a":"Currency of version — 'updated within 3 working days after a change'","section_b":"Authorisation — 'File last modified 12 January 2021'","confidence":0.5,"description":"The site claims legislation is updated within 3 working days of any change, yet the file modification date of 12 January 2021 is not reflected by any corresponding amendment entry in the Table of Amending Instruments, suggesting either the update policy was not followed or the Table is inaccurate."},{"severity":"medium","section_a":"Document title — 'Nature Conservation (Open Seasons) Amendment (Muttonbird) Order 2020'","section_b":"Repeated heading — 'Nature Conservation (Open Seas Nature Conservation (Open Seasons) Amendment (Muttonbird) Order 2020'","confidence":0.68,"description":"The correct short title uses 'Open Seasons' but the repeated heading text truncates this to 'Open Seas' before restarting the full title. This creates a contradiction within the document as to the instrument's official name, which is a matter of legal identity rather than mere formatting."}]},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This amendment performs exactly the narrow, technical function suggested by its title — adjusting the list of approved muttonbird harvesting sites. There is no scope creep; it does not expand into new policy areas or alter the fundamental regulatory framework."},"complexity_factors":["Extremely short — only 4 operative sections","No defined terms in this instrument itself (relies entirely on the Principal Order)","Single mechanical amendment: deletion of 3 list items and one heading","No conditional logic, exceptions, or cross-references beyond the citation of the Principal Order","Straightforward 'omit X' drafting with no substitution or insertion complexity"],"plain_english_summary":"This is a short technical amendment to Tasmania's rules about when muttonbirds (also known as short-tailed shearwaters) can be harvested.\n\n**What it does:**\n- Removes three specific muttonbird rookeries (breeding grounds) from the official list of places where harvesting is allowed during open season.\n- These were the \"West Coast Group\" sites — specifically items 41, 42, and 43 in the original 2004 Order.\n\n**Who it affects:**\n- People who harvest muttonbirds for food or cultural purposes, particularly Tasmanian Aboriginal people and recreational harvesters.\n- Anyone who needs to know which rookeries are legally open for harvesting.\n\n**Why it matters:**\n- It narrows where lawful harvesting can occur. If you were harvesting at these three specific West Coast sites, you can no longer do so legally during open season.\n- The change likely reflects conservation concerns, population management, or cultural heritage protection for those specific sites.\n- This is a **subordinate legislation** (a rule made under a main law) — it tweaks the details without changing the main Nature Conservation Act itself."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The order appears to serve its stated, narrow purpose — amending open season provisions for muttonbird harvesting. There is no indication of scope creep or unintended broadening beyond the original intent of managing a specific wildlife harvest season."},"complexity_factors":["Very narrow and specific subject matter — limited to one species and one type of regulatory adjustment","Amendment order rather than standalone legislation, so full context requires reading the parent instrument","Intersects with Aboriginal cultural rights and conservation law, adding minor interpretive layers","No substantive legal text is visible in the provided document — limits deeper analysis"],"plain_english_summary":"This order amends the legal harvest window for muttonbirds (short-tailed shearwaters) in Tasmania, changing when they can be legally taken. It affects Aboriginal traditional harvesters, licensed commercial collectors, and conservation authorities. The timing matters for protecting breeding populations while preserving cultural and economic harvesting rights. It took effect 25 March 2020."}},"importantCases":[],"_links":{"self":"/api/acts/nature-conservation-open-seasons-amendment-muttonbird-order-2020","history":"/api/acts/nature-conservation-open-seasons-amendment-muttonbird-order-2020/history","analysis":"/api/acts/nature-conservation-open-seasons-amendment-muttonbird-order-2020/analysis","conflicts":"/api/acts/nature-conservation-open-seasons-amendment-muttonbird-order-2020/conflicts","importantCases":"/api/acts/nature-conservation-open-seasons-amendment-muttonbird-order-2020/important-cases","documents":"/api/acts/nature-conservation-open-seasons-amendment-muttonbird-order-2020/documents"}}