{"id":"tas:sr-2002-010","name":"Proclamation under the Crown Lands (Extinguishment of Public Rights) Act 2001","slug":"proclamation-under-the-crown-lands-extinguishment-of-public-rights-act-2001","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"10 of 2002","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":318367,"registerId":"tas-tas:sr-2002-010-current","compilationNumber":null,"startDate":"2026-04-08","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Proclamation under the Crown Lands (Extinguishment of Public Rights) Act 2001","content":"> Proclamation under the Crown Lands (Extinguishment of Public Rights) Act 2001\n\nI, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, by this my proclamation made under section 2 of the [Crown Lands (Extinguishment of Public Rights) Act 2001](/view/html/inforce/2026-04-12/act-2001-109) fix 13 March 2002 as the day on which that Act commences.\n\n4 March 2002\n\nG. S. M. Green\n\nGovernor\n\nBy His Excellency's Command,\n\nD. E. Llewellyn\n\nMinister for Primary Industries, Water and Environment\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 13 March 2002\n\nThis proclamation is administered in the Department of Primary Industries, Water and Environment.","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The proclamation does not change the scope or content of the Crown Lands (Extinguishment of Public Rights) Act 2001; it merely fixes the Act’s commencement date under section 2. Its effect is to trigger the Act’s operation from 13 March 2002, not to expand, narrow or amend the Act’s legal provisions."},"complexity_factors":["Single administrative act: sets a commencement date rather than altering substantive law.","Made under a specific empowering provision (section 2) — limited legal scope for discretion.","Formal publication steps recorded (Gazette notification, administration by a department) add procedural formality but little legal complexity.","Effects depend on the underlying Act’s substantive provisions; the proclamation itself creates no new compliance regimes.","Low ambiguity about operative effect — commencement is binary and date-specific."],"plain_english_summary":"This proclamation, made by the Governor under section 2 of the Crown Lands (Extinguishment of Public Rights) Act 2001, fixes 13 March 2002 as the day that Act begins to operate. It does not change the Act’s text; it only brings the Act into force on that date. Who decides: the Governor acting with Executive Council advice. Who is affected: parties subject to the Crown Lands Act (including land users and government agencies) from the moment the Act commences."},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The proclamation appears to operate squarely within the intended purpose of the parent Act — to provide a formal mechanism for extinguishing public rights over Crown land. There is no indication of scope creep or departure from the original legislative intent. The instrument is narrow and administrative in nature."},"complexity_factors":["Relies on understanding of the parent Act (Crown Lands (Extinguishment of Public Rights) Act 2001) to interpret its effect","The concept of 'extinguishment of public rights' (permanently cancelling legal entitlements the public holds over land) is a specialist property law concept","The actual land parcels affected are not included in the provided text, making full assessment impossible without the schedule","Proclamations as a legislative instrument type may be unfamiliar to general readers","Interaction with broader Crown land and property law adds contextual complexity"],"plain_english_summary":"This proclamation under the Crown Lands (Extinguishment of Public Rights) Act 2001 permanently cancels public rights (like access, roads or waterways) over specified Crown land in Tasmania. It removes legal public access to those parcels and clears encumbrances, typically to enable sale, transfer or development.\n\nThat can cut off walkers, neighbouring landowners and others who relied on the land—potentially with no compensation—while giving new owners or agencies a clean title."},"issue_detection":{"absurdities":[{"type":"self_contradicting","section":"Status Information - Currency of version","severity":"medium","reasoning":"If the file was last modified on 13 August 2018, then the version cannot simultaneously be 'current from 13 March 2002 to date' without explanation of what changed. Either the modification was substantive (in which case the currency date should reflect the 2018 change) or the modification was administrative (in which case calling it a 'modification' is misleading). The two dates are irreconcilable on the face of the instrument.","confidence":0.72,"description":"The legislation states it is 'current from 13 March 2002 to date' yet the file was 'last modified 13 August 2018', implying the legislation changed but the version currency date was never updated to reflect that modification."},{"type":"self_contradicting","section":"Status Information - Currency of version","severity":"low","reasoning":"The promise of a 3-working-day update cycle is contradicted by the gap between the 2018 file modification and the unchanged 2002 version currency date. If a change occurred in 2018, the currency date should have been updated within 3 working days per the stated policy. This creates an internal inconsistency between the site's own operational representations.","confidence":0.65,"description":"The instrument states legislation is 'usually updated within 3 working days after a change' yet the version date of 13 March 2002 has apparently remained static despite a file modification in August 2018, suggesting the stated update policy was not followed in this instance."},{"type":"other","section":"Document Structure - All headings","severity":"high","reasoning":"A legally operative instrument must be capable of unambiguous interpretation. Where every structural element is repeated, it is impossible to determine whether the duplication is intentional (creating two separate operative provisions) or a rendering error. Either interpretation creates problems: if intentional, no legal meaning can be assigned to the repetition; if an error, the integrity of the entire instrument is called into question. Courts rely on the principle that legislation should be read so that no word is superfluous — wholesale duplication defies this canon entirely.","confidence":0.95,"description":"Every heading in the instrument is duplicated verbatim (e.g. 'Proclamation under the Crown L Proclamation under the Crown L', 'Status Information Status Information', 'Currency of version Currency of version'), rendering the document structurally incoherent and making it impossible to determine which instance constitutes the authoritative heading."},{"type":"impossible_compliance","section":"Substantive operative provisions","severity":"high","reasoning":"A proclamation under the Crown Lands (Extinguishment of Public Rights) Act 2001 must, at minimum, identify the land over which rights are extinguished and specify which public rights are extinguished. Without these elements the instrument cannot be operative. Members of the public cannot comply with, or be bound by, a proclamation that identifies neither the subject land nor the rights affected. The instrument as presented is legally void for uncertainty.","confidence":0.91,"description":"The proclamation purports to extinguish public rights over Crown land but contains no substantive operative clauses whatsoever — no land is identified, no rights are specified, and no extinguishment is enacted. The instrument is entirely metadata and status information."}],"contradictions":[{"severity":"medium","section_a":"Status Information - 'Version current from 13 March 2002 to date'","section_b":"Authorisation - 'File last modified 13 August 2018'","confidence":0.78,"description":"The version is stated to be current from 13 March 2002, implying no substantive change since commencement, yet the file was modified on 13 August 2018 — over 16 years after the stated currency date. These two representations cannot both be accurate simultaneously."},{"severity":"low","section_a":"Status Information - 'Legislation on this site is usually updated within 3 working days after a change'","section_b":"Status Information - 'Version current from 13 March 2002 to date' (despite 2018 file modification)","confidence":0.63,"description":"The site's stated policy of updating within 3 working days of a change is contradicted by the apparent failure to update the version currency date following the August 2018 file modification, suggesting either the policy was breached or the modification did not constitute a 'change' — in which case calling it a modification is itself misleading."}]},"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This is a commencement instrument with a single, narrow purpose. It has not expanded beyond its original administrative function of bringing the parent Act into force."},"complexity_factors":["Single operative provision: fixing a commencement date","No defined terms","No cross-references to other legislation (except citation of the parent Act)","No conditional logic or exceptions","Standard proclamation format — essentially a template document","Total length: 8 sentences of formal administrative language"],"plain_english_summary":"This is a **commencement proclamation** — a formal government notice that brings a Tasmanian law into effect.\n\n**What it does:**\n- Sets **13 March 2002** as the date when the *Crown Lands (Extinguishment of Public Rights) Act 2001* officially starts operating.\n\n**Who made it:**\n- The **Governor of Tasmania** (acting on advice from the Executive Council, which is the formal name for the state Cabinet).\n- Signed by Governor G. S. M. Green and Minister D. E. Llewellyn.\n\n**Why it matters:**\n- Laws passed by Parliament don't always start immediately. This document is the legal trigger that \"switches on\" the 2001 Act.\n- Without this proclamation, the Act would remain dormant — passed but not enforceable.\n\n**Context:**\n- The underlying Act deals with extinguishing (ending) public rights over Crown land in Tasmania — things like public access rights, fishing rights, or other common law rights that people might have over government-owned land.\n- This proclamation itself doesn't extinguish any rights; it simply starts the clock on the law that *can* do so."}},"importantCases":[],"_links":{"self":"/api/acts/proclamation-under-the-crown-lands-extinguishment-of-public-rights-act-2001","history":"/api/acts/proclamation-under-the-crown-lands-extinguishment-of-public-rights-act-2001/history","analysis":"/api/acts/proclamation-under-the-crown-lands-extinguishment-of-public-rights-act-2001/analysis","conflicts":"/api/acts/proclamation-under-the-crown-lands-extinguishment-of-public-rights-act-2001/conflicts","importantCases":"/api/acts/proclamation-under-the-crown-lands-extinguishment-of-public-rights-act-2001/important-cases","documents":"/api/acts/proclamation-under-the-crown-lands-extinguishment-of-public-rights-act-2001/documents"}}