{"id":"tas:sr-2004-147","name":"Proclamation under the Nature Conservation Act 2002","slug":"tas-sr-2004-147","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"147 of 2004","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":318087,"registerId":"tas-tas:sr-2004-147-current","compilationNumber":null,"startDate":"2026-04-08","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"SCHEDULE 1 - Coal Mines Histor","sectionType":"part","heading":"SCHEDULE 1 - Coal Mines Historic Site","content":"# SCHEDULE 1 - Coal Mines Histor SCHEDULE 1 - Coal Mines Historic Site\n\n[Schedule 2](#JS2@EN)","sortOrder":0},{"sectionNumber":"SCHEDULE 2 - Plan","sectionType":"part","heading":"SCHEDULE 2 - Plan","content":"# SCHEDULE 2 - Plan SCHEDULE 2 - Plan\n\n[![graphic image](/image/cpr4721.gif)](/image/cpr4721.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 22 December 2004\n\nThis proclamation is administered in the Department of Primary Industries, Water and Environment.","sortOrder":1}],"analysis":{"kimi_summary":{"content_quality":"rejected","complexity_score":2,"rejection_reason":"The provided text is a fragment/stub containing only header metadata, publication details, and broken/placeholder schedule headings. The actual substantive legal content (Schedules 1 and 2 containing the site declaration and management plan) is not included in the excerpt. This appears to be a navigation page or excerpt from a larger document rather than complete legislation suitable for analysis.","scope_assessment":{"changed":false,"description":"The document appears to serve its original purpose: formally proclaiming a historic site and its management plan under the Nature Conservation Act. No evidence of scope creep in the provided fragment."},"complexity_factors":["Document appears to be a fragment or excerpt — actual Schedules 1 and 2 content is not fully reproduced in the provided text","Minimal defined terms visible in the excerpt provided","Straightforward administrative proclamation structure with clear statutory basis","No nested conditional logic or cross-referencing visible in the provided fragment","Standard Tasmanian government gazettal format with routine publication details"],"plain_english_summary":"This is a **proclamation** (an official government announcement with legal force) made under Tasmania's *Nature Conservation Act 2002*. It formally declares the **Coal Mines Historic Site** as a protected area and adopts a **management plan** for it.\n\n**What it does:**\n- **Schedules 1 and 2** appear to contain the actual legal content — Schedule 1 likely details the boundaries or declaration of the Coal Mines Historic Site, while Schedule 2 contains the management plan governing how the site will be protected and used.\n- The document was officially published and numbered according to Tasmania's *Rules Publication Act 1953* and notified in the government *Gazette* on 22 December 2004.\n- It is administered by Tasmania's Department of Primary Industries, Water and Environment.\n\n**Who it affects:**\n- Visitors to the Coal Mines Historic Site (a former convict probation station on the Tasman Peninsula)\n- Land managers, conservation officers, and anyone conducting activities on or near the site\n- Heritage and tourism operators in Tasmania\n\n**Why it matters:**\nThis proclamation gives legal backing to the protection of an important piece of Tasmania's convict heritage. It ensures the site is managed according to a formal plan, balancing conservation with public access. Without this legal instrument, the specific protections and management rules for the site would lack enforceability."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The text implements the Act by declaring a named conservation site and attaching a plan; nothing in the proclamation indicates an expansion or contraction of that legislative purpose. Practical scope depends on the plan in Schedule 2 and on how the administering department exercises its management and enforcement powers, but the instrument itself does not purport to change the statutory scope set by the Nature Conservation Act 2002."},"complexity_factors":["Narrow subject-matter: single-site proclamation (Coal Mines Historic Site) reduces cross-cutting legal interactions","Primary legal effect relies on referenced plan/graphic (Schedule 2), requiring inspection of the map to determine precise boundaries","Delegated administration: management and enforcement left to an administering department increases operational discretion","Sparse textual provisions in the source: few operative details in the proclamation itself, so ancillary Acts/regulations and agency policy determine many practical effects","Formal publication and numbering requirements cited (Rules Publication Act 1953; Gazette date) create procedural technicalities but not substantive complexity"],"plain_english_summary":"This proclamation under the Nature Conservation Act 2002 formally declares the Coal Mines Historic Site and fixes its boundaries by reference to an attached plan (Schedule 1 and Schedule 2). It was notified in the Gazette on 22 December 2004 and is administered by the Department of Primary Industries, Water and Environment. Mechanically, it converts the area shown on the graphic plan into a statutory conservation site, changing who decides land use and imposing management and compliance obligations on site managers and visitors (Schedules 1–2)."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based on the available metadata, there is no indication that the scope of this proclamation changed from its original intent. The instrument has been current since 22 December 2004 and the file was last modified in February 2020, suggesting minor administrative updates rather than substantive scope changes. However, the absence of full legislative text means this assessment is made with limited information."},"complexity_factors":["The document as provided contains only metadata and administrative information — no substantive legal content was included","Proclamations of this type are typically short, formulaic instruments with limited interpretive complexity","The enabling Act (Nature Conservation Act 2002) may itself be complex, but the proclamation instrument is a secondary instrument with narrow scope","No amending instruments or substantive clauses were visible to assess technical drafting complexity"],"plain_english_summary":"This is a Tasmanian government proclamation made under the Nature Conservation Act 2002 that likely declares or changes a protected area, affecting landowners, adjacent businesses, recreational users, local councils, developers and conservation groups by imposing legally enforceable restrictions on land use and activities.\n\nThe document provided contains only administrative metadata (dates, amendments, minister details); the proclamation’s specific land, boundaries and exact legal effects are not included."},"issue_detection":{"absurdities":[{"type":"other","section":"Currency of version / Status Information","severity":"low","reasoning":"The gap between the currency date (2004) and the file modification date (2020) suggests either undisclosed amendments or administrative changes that are not reflected in the amending instruments table. This creates opacity about the true legal state of the instrument.","confidence":0.55,"description":"The document states it is 'current from 22 December 2004 to date' yet the file was 'last modified 21 February 2020', creating an ambiguity about whether the substantive legal content has been updated since 2004 or only the file metadata. A proclamation under the Nature Conservation Act 2002 that has remained substantively unchanged from 2004 but has had its file modified in 2020 is not adequately explained."},{"type":"self_contradicting","section":"Status Information / Currency of version","severity":"medium","reasoning":"If the site is updated within 3 working days of any change, and the file was modified in 2020, there should be a corresponding amending instrument dated around that time. The absence of any visible amendment entry contradicts the currency guarantee provided in the same status block.","confidence":0.6,"description":"The document states legislation 'is usually updated within 3 working days after a change', yet the file modification date of 21 February 2020 is not accompanied by any corresponding entry in the Table of Amending Instruments visible in this document, creating an irreconcilable inconsistency within the status information itself."},{"type":"other","section":"Document structure (all headings)","severity":"high","reasoning":"In statutory interpretation, duplicated headings or provisions can raise questions about legislative intent. If a proclamation's operative text were similarly duplicated, it could create genuine compliance impossibilities. While this appears to be a rendering/HTML error, as a published consolidated instrument on the official Tasmanian legislation site it raises questions about the reliability and integrity of the authoritative text.","confidence":0.85,"description":"Every heading and section title in the document is duplicated verbatim (e.g. 'Proclamation under the Nature Conservation Act 2002' appears four times as a heading; 'Status Information Status Information', 'Currency of version Currency of version', 'Authorisation Authorisation'). This structural absurdity means it is impossible to determine which instance of each heading is authoritative or whether the duplication itself constitutes a drafting error affecting the legal instrument."},{"type":"impossible_compliance","section":"Proclamation under the Nature Conservation Act 2002 (instrument as a whole)","severity":"high","reasoning":"A proclamation derives its legal force from its operative text. Without any operative provisions, the instrument is a legal nullity — it cannot be complied with, enforced, or given effect. Any obligations or rights purportedly created by this proclamation are impossible to identify or act upon.","confidence":0.9,"description":"The document purports to be a 'Proclamation' — a substantive legislative instrument — but contains no operative provisions whatsoever. There is no proclamation text, no declaration of reserved land, no appointed person, no named area, and no operative effect. A proclamation with no operative content cannot logically fulfil any legal function."}],"contradictions":[{"severity":"medium","section_a":"Currency of version: 'Version current from 22 December 2004 to date'","section_b":"Authorisation: 'File last modified 21 February 2020'","confidence":0.65,"description":"The instrument claims to be current in the same form since 22 December 2004, yet the file was modified on 21 February 2020. These two statements are contradictory: if no substantive change occurred, there is no legitimate reason for a file modification that is not disclosed as an amendment; if a change did occur, the currency date should reflect it."},{"severity":"medium","section_a":"Status Information: 'Legislation on this site is usually updated within 3 working days after a change'","section_b":"Table of Amending Instruments: (no amendments visible corresponding to 2020 file modification)","confidence":0.6,"description":"The update guarantee implies any change will be reflected promptly in the published instrument including its amendment history. The 2020 file modification with no corresponding visible amending instrument directly contradicts this guarantee, suggesting either an undisclosed amendment or an unexplained administrative alteration to an authoritative legal text."}]}},"importantCases":[],"_links":{"self":"/api/acts/tas-sr-2004-147","history":"/api/acts/tas-sr-2004-147/history","analysis":"/api/acts/tas-sr-2004-147/analysis","conflicts":"/api/acts/tas-sr-2004-147/conflicts","importantCases":"/api/acts/tas-sr-2004-147/important-cases","documents":"/api/acts/tas-sr-2004-147/documents"}}