{"id":"tas:sr-2002-152","name":"Proclamation under the National Parks and Wildlife Act 1970","slug":"tas-sr-2002-152","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"152 of 2002","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":318460,"registerId":"tas-tas:sr-2002-152-current","compilationNumber":null,"startDate":"2026-04-08","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"SCHEDULE 1 - Areas of Land","sectionType":"part","heading":"SCHEDULE 1 - Areas of Land","content":"# SCHEDULE 1 - Areas of Land SCHEDULE 1 - Areas of Land","sortOrder":0},{"sectionNumber":"Part 1","sectionType":"part","heading":"Rocky Cape National Park","content":"# Part 1 Rocky Cape National Park\n\n[Schedule 2](#JS2@EN)","sortOrder":1},{"sectionNumber":"Part 2","sectionType":"part","heading":"Excised Area – Rocky Cape National Park","content":"# Part 2 Excised Area – Rocky Cape National Park\n\n[Schedule 2](#JS2@EN)","sortOrder":2},{"sectionNumber":"SCHEDULE 2 - Plan","sectionType":"part","heading":"SCHEDULE 2 - Plan","content":"# SCHEDULE 2 - Plan SCHEDULE 2 - Plan\n\n[![graphic image](/image/cpr5768.gif)](/image/cpr5768.gif)\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 18 December 2002\n\nThis proclamation is administered in the Department of Tourism, Parks, Heritage and the Arts.","sortOrder":3}],"analysis":{"issue_detection":{"absurdities":[{"type":"self_contradicting","section":"Status Information - Currency of version","severity":"low","reasoning":"If the file was modified on 13 December 2024, the version currency description of 'current from 18 December 2002 to date' is potentially misleading, as it implies no substantive change has occurred since 2002. The 'Table of Amending Instruments' hyperlink acknowledges amendments exist, contradicting the implication of a single unbroken version since 2002.","confidence":0.55,"description":"The legislation states it is 'current from 18 December 2002 to date' while simultaneously noting the file was last modified on 13 December 2024. A version cannot be simultaneously 'current from 2002 to date' and also have been substantively modified in 2024 without generating a new version designation."},{"type":"other","section":"Status Information - Update Policy","severity":"low","reasoning":"The 3-working-day update promise is prospective and operational in nature. The long gap between last file modification (December 2024) and access date (April 2026) does not itself prove a breach, but if amendments occurred in that period and were not reflected, the policy commitment would be violated. The document provides no mechanism to verify compliance with its own stated update standard.","confidence":0.45,"description":"The site states legislation is 'usually updated within 3 working days after a change to the legislation,' yet the file was last modified 13 December 2024 and the document was accessed on 8 April 2026 — a gap of approximately 16 months with no indicated further modification. This creates an internal tension between the stated update policy and the apparent staleness of the file metadata."},{"type":"impossible_compliance","section":"Document Structure - Entire Proclamation","severity":"high","reasoning":"A proclamation with no operative content cannot be complied with, cannot confer rights, cannot impose obligations, and cannot achieve any legislative purpose. Regulated parties, enforcement agencies, and courts have no substantive legal text to apply. The absence of any proclamatory clause, boundary description, or reserve classification makes the instrument legally vacuous as presented.","confidence":0.82,"description":"The proclamation document contains no substantive operative provisions whatsoever. A Proclamation under the National Parks and Wildlife Act 1970 is a legal instrument that should declare land to be a national park or reserve, define boundaries, and impose legal obligations. This document contains exclusively metadata, status information, and navigation text — rendering it legally inoperative on its face."},{"type":"other","section":"Headings throughout document","severity":"low","reasoning":"Under principles of statutory interpretation, every word in a legislative instrument is presumed to carry meaning. Duplicate headings would require a court to determine whether the duplication is intentional surplusage, a scrivener's error, or two co-existing provisions of identical content. The document provides no mechanism for resolving this ambiguity.","confidence":0.7,"description":"Every heading in the document is duplicated verbatim (e.g., 'Status Information Status Information', 'Currency of version Currency of version', 'Authorisation Authorisation'). While likely a rendering/formatting error, if treated as the authoritative legal text, this creates absurd interpretive questions about whether each duplicated heading constitutes two separate provisions with identical scope."}],"contradictions":[{"severity":"medium","section_a":"Status Information - 'Version current from 18 December 2002 to date'","section_b":"Table of Amending Instruments - '(click to view Table of Amendments)'","confidence":0.65,"description":"The version description implies a single continuous version operative since 18 December 2002, while the explicit acknowledgment of a Table of Amendments confirms the instrument has been amended. A version that has been amended is not simply 'current from' its original date — it has been superseded in part, generating a logical contradiction between version continuity and the existence of amendments."},{"severity":"low","section_a":"Status Information - 'File last modified 13 December 2024'","section_b":"Status Information - 'usually updated within 3 working days after a change to the legislation'","confidence":0.42,"description":"The file modification date of 13 December 2024 combined with an access date of 8 April 2026 (approximately 16 months later) creates a tension with the 3-working-day update commitment. If any legislative change occurred between December 2024 and April 2026, the site's own policy would require a more recent modification date. The absence of any more recent modification date either means no changes occurred (unlikely over 16 months for an active instrument) or the update policy was not followed."}]},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The proclamation simply declares the areas of land and attaches a plan (SCHEDULE 1; SCHEDULE 2). It does not add, remove or qualify functions, powers or funding arrangements in the text provided, so no change of scope from the instrument’s apparent purpose is evident."},"complexity_factors":["Short, narrowly focused text that mainly lists areas and an attached plan (SCHEDULE 1; SCHEDULE 2).","Legal effect depends on external statute (National Parks and Wildlife Act 1970) rather than on instrument text, so understanding full consequences requires cross‑reference to the Act.","Key detail (precise boundaries) is contained in a graphic plan rather than descriptive text (SCHEDULE 2), requiring inspection of the plan image.","No operational, financial or regulatory detail in the proclamation—ambiguities about permitted uses or restrictions remain and must be resolved by the Act or other instruments (no fees/funding provided in document).","Administrative responsibility is stated but implementation practices are left to the administering department (Schedule 2)."],"plain_english_summary":"This proclamation under the National Parks and Wildlife Act 1970 formally identifies specific parcels of land as Rocky Cape National Park and an associated \"excised area\" and attaches a plan showing their boundaries (Schedules 1–2).  It assigns administrative responsibility to the Department of Tourism, Parks, Heritage and the Arts (Schedule 2). The instrument fixes legal boundaries and agency responsibility but contains no operational rules, fees or funding details."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This proclamation performs exactly the function intended by the parent Act: declaring and adjusting national park boundaries. The scope remains limited to boundary modification for Rocky Cape National Park."},"complexity_factors":["Extremely short document (under 200 words of substantive content)","No defined terms section","No cross-references to other legislation beyond the parent Act","Simple binary structure: land added / land removed","Relies entirely on external graphic plan for substantive content (the map in Schedule 2)","No conditional logic, exceptions, or procedural requirements"],"plain_english_summary":"This is a **proclamation** (an official government announcement with legal force) made under Tasmania's **National Parks and Wildlife Act 1970**. It formally declares land to be part of **Rocky Cape National Park** and also identifies a specific **excised area** (land removed from the park).\n\n**What it does:**\n- **Part 1** adds or confirms land as Rocky Cape National Park\n- **Part 2** removes a specific area from the park boundaries (an \"excised area\")\n- **Schedule 2** contains a map/plan showing exactly where these boundaries are\n\n**Who it affects:**\n- Visitors to Rocky Cape National Park (rules about where they can go may change)\n- Landowners or leaseholders near the park boundaries\n- The Tasmanian Parks and Wildlife Service (who manage the area)\n\n**Why it matters:**\nThis changes the legal boundaries of protected land. When land is \"excised\" (cut out) from a national park, it typically loses national park protection and may become available for other uses. The attached plan/map is crucial because it shows precisely which land is affected."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based on available information, the proclamation appears to operate as intended under the National Parks and Wildlife Act 1970 — formally declaring or managing protected land in Tasmania. No evidence of scope creep or unintended expansion is apparent from the metadata provided, though the absence of substantive content limits a full assessment."},"complexity_factors":["The document as provided is largely metadata and status information rather than substantive legal content, making meaningful analysis limited","Proclamations under the National Parks and Wildlife Act 1970 can involve technical land description language (metes and bounds, survey references) which adds complexity when present","The existence of amending instruments means the current legal position requires cross-referencing multiple documents","Jurisdictional specificity to Tasmania means federal-state interaction may be relevant (e.g., World Heritage areas)"],"plain_english_summary":"A Tasmanian government proclamation under the National Parks and Wildlife Act 1970 formally designates and manages land as a national park or reserve, controlling activities like logging, mining, development and placing management responsibility with the Minister and department. This instrument (in force since 18 December 2002, amended most recently December 2024) affects nearby landowners, visitors, businesses and local communities by imposing legal protections and access rules.\n\nThe full proclamation text and Table of Amendments must be consulted for the exact land affected and specific restrictions."}},"importantCases":[],"_links":{"self":"/api/acts/tas-sr-2002-152","history":"/api/acts/tas-sr-2002-152/history","analysis":"/api/acts/tas-sr-2002-152/analysis","conflicts":"/api/acts/tas-sr-2002-152/conflicts","importantCases":"/api/acts/tas-sr-2002-152/important-cases","documents":"/api/acts/tas-sr-2002-152/documents"}}