The proclamation operates through four distinct land categories, each carrying different legal consequences under the enabling Act. A game reserve is an area set aside primarily for the protection and management of game species and their habitats, typically with regulated hunting and fishing activities. The Petrel Islands, Stack Island, and Actaeon Island are the only game reserves listed. A conservation area is a broader category focused on the conservation of natural and cultural values, with permitted uses such as recreation, education, and sustainable resource use that are compatible with those values. There are 24 conservation areas in the proclamation, ranging from Tatlows Beach to Fossil Bluff. A nature recreation area is a category that prioritises nature based recreation while conserving the natural environment. Only one area, Coningham, is listed under this category. A regional reserve is a category designed to conserve the natural and cultural values of a region while allowing for sustainable multiple uses, including activities such as mining, forestry, and grazing that may be prohibited in more restrictive categories. Three areas are listed as regional reserves: Leven Canyon, Dip Range, and Meredith Range. The proclamation also includes two entries for Mount Faulkner Conservation Area with different plan numbers (Plan 7370 and Plan 2855), indicating separate parcels under the same name. The key concept is that the proclamation does not define these categories; it merely assigns particular land parcels to them. The enabling Act and any associated regulations define the permissible activities, management objectives, and restrictions for each category. For instance, commercial logging might be allowed in a regional reserve but not in a nature recreation area. The proclamation also introduces the concept of the Central Plan Register, which is the official repository of survey plans in Tasmania. Each parcel is identified by a unique plan number (e.g., Plan 7503 for part of Coles Bay Conservation Area). The plans are essential for determining the precise boundaries of the reserved land, as the textual descriptions in Schedule 1 are often generic (e.g., "all that area of land shown as Lot 1"). The reduced illustrations in Schedule 2 are provided "by way of illustration only", meaning the definitive boundary is the plan lodged in the Central Plan Register, not the published image. This introduces a practical compliance risk: a person relying on the proclamation text alone may not have accurate boundary information without accessing the official plan. The proclamation also notes that it is administered by the Department of Primary Industries and Water, which would be responsible for management plans, permits, and enforcement.

The proclamation directly affects anyone with an interest in the 34 parcels of land described in Schedule 1. This includes private landowners whose property is adjacent to or partially included within a reserve boundary, government agencies managing the land, and members of the public who wish to access or use these areas. For landowners, if their land is included in the proclamation without their consent, it may constitute a compulsory acquisition or a restriction on use that could give rise to a claim for compensation under the enabling Act or general law. The proclamation itself does not mention compensation, but the underlying Act likely does. For government agencies, the Department of Primary Industries and Water gains administrative responsibility for these areas, which may require developing or updating management plans, issuing permits for activities, and enforcing restrictions. This imposes a compliance burden on the agency in terms of staff time, mapping resources, and legal oversight. For businesses and commercial operators, the proclamation may affect tourism operators, fishing guides, hunters, mineral explorers, loggers, and farmers. For example, if a parcel is classified as a game reserve, a commercial hunting tour operator may need a licence or may be excluded altogether if the reserve is closed to commercial use. If a parcel is classified as a regional reserve, a mining company with an existing exploration licence may face new conditions or restrictions. For indigenous groups, if any of the areas hold cultural significance, the proclamation may affect their ability to access or manage those sites. However, the proclamation contains no mention of indigenous land use or native title. For recreational users, such as bushwalkers, campers, anglers, and birdwatchers, the proclamation may open or close access. For example, a conservation area may have designated walking trails and camping areas, whereas a game reserve might be closed during certain seasons to protect breeding species. The proclamation also affects local councils and state government departments responsible for planning and land management. These parcels may now be subject to the overriding provisions of the enabling Act, which could restrict the types of development or land use that local planning schemes would otherwise permit. For example, a conservation area designation might prevent a council from approving a subdivision or a tourist development on adjacent private land if that development would impact the reserve. The proclamation also has implications for future purchasers of land near these areas, who may face additional due diligence costs to understand the restrictions. Real estate agents, conveyancers, and property lawyers will need to check whether a property is within or adjacent to one of these proclaimed areas, as that could affect land value and permissible use.

The proclamation itself does not impose duties or confer rights. All duties and rights arise from the enabling Act under which the proclamation is made. However, the proclamation is a necessary precondition for those duties and rights to apply to the specific parcels. The key duty that the proclamation triggers is the obligation on any person not to undertake a prohibited activity within the reserve or conservation area. Prohibited activities typically include clearing vegetation, building structures, lighting fires, taking native plants or animals, using vehicles off road, and commercial activities without a permit. The specific prohibitions vary by category and are set out in the enabling Act or in management plans made under it. For example, in a game reserve, it may be lawful to hunt during open season but not to camp overnight. In a conservation area, it may be lawful to walk dogs on a lead but not to ride horses. The proclamation also confers rights on the public. For example, the public has a right to enter and remain on reserved land for certain purposes, such as recreation, unless restricted by a management plan or a temporary closure order. That right is not absolute and may be subject to payment of fees, compliance with park rules, and closure of areas for fire risk or wildlife breeding. The proclamation also confers rights on the administering authority. The Department of Primary Industries and Water has the right to manage the land, to issue licences and permits, to charge fees, to erect signs and fencing, and to exclude persons who breach the regulations. The proclamation may also affect the rights of holders of existing interests in the land, such as mining leases, grazing licences, or easements. The enabling Act often contains transitional provisions that preserve existing rights for a period or allow them to continue subject to new conditions. The proclamation does not mention any such transitional rights. A critical right that the proclamation does not address is the right to compensation. If the proclamation has the effect of extinguishing or restricting a pre existing property right, the affected person may have a claim for compensation under the enabling Act or under the Constitution (just terms for acquisition of property). The practitioner should check the specific enabling Act for a compensation clause. The proclamation also imposes a duty on the administering authority to maintain the land, to prepare management plans (if required by the enabling Act), and to enforce the regulations. If the authority fails to perform these duties, a person who suffers loss or injury as a result may have a right to seek judicial review or to bring a civil claim for negligence.

The proclamation contains no penalties, because it is a declaratory instrument not a penal statute. However, it activates the penalty provisions of the enabling Act for the listed areas. Under typical Tasmanian conservation legislation, penalties for offences on reserved land can include significant fines and, in some cases, imprisonment. For example, damaging native vegetation in a conservation area could attract a fine of up to 50 penalty units (currently about $9,500 AUD) for an individual, with higher penalties for corporations. Knowingly hunting or taking protected wildlife in a game reserve could attract a fine and forfeiture of equipment. The enabling Act also commonly provides for infringement notices (on the spot fines) for minor offences such as littering, camping without a permit, or having a dog off leash. Enforcement is carried out by authorised officers, typically rangers or police officers, who have powers to require identification, search vehicles and bags, seize evidence, and issue directions to leave the land. The proclamation does not create a new enforcement body. Instead, it extends the geographic jurisdiction of existing authorised officers to the proclaimed parcels. In some cases, the enabling Act creates a reverse onus of proof. For instance, a person found in possession of a protected plant within a reserve may be presumed to have taken it from that reserve unless they prove otherwise. The proclamation also has implications for enforcement of other laws. For example, the Tasmanian Planning Scheme may prohibit certain developments on reserved land, and the proclamation ensures that those prohibitions apply. There is also potential for concurrent enforcement by the Department of Primary Industries and Water and local councils. The absence of a specific penalty schedule in the proclamation means that practitioners must look to the principal Act and any regulations. It also means that the maximum penalties are not fixed by this instrument, so they can be amended by amending the principal Act without changing this proclamation. This could be a trap for the unwary: a person who thinks they know the penalty for an offence from past experience might find it has increased if the principal Act has been amended since the proclamation. The proclamation does not mention any power to issue stop work orders or remedial notices, but those powers may exist under the enabling Act. The enforcement history under this particular proclamation is none, as it is a land classification instrument, but the specific areas may have been subject to enforcement actions under the enabling Act in the past.

The proclamation does not exist in a legal vacuum. It interacts with a web of Tasmanian and Commonwealth laws. At the state level, the most important interaction is with the enabling Act (likely the National Parks and Wildlife Act 1970 (Tas)), which provides the substantive legal regime for the categories. The proclamation also interacts with the Land Use Planning and Approvals Act 1993 (Tas) (LUPPA). Under LUPPA, local planning schemes must be consistent with state policies, and reserved land may be zoned for conservation or open space. The proclamation may override certain provisions of a local planning scheme if the enabling Act provides that it prevails. The proclamation may also interact with the Mineral Resources Development Act 1995 (Tas). If a regional reserve or conservation area contains mineral deposits, the proclamation may restrict the grant of new mining leases or impose conditions on existing ones. The enabling Act often contains a provision that prohibits mining in certain categories unless specifically authorised. The proclamation may also interact with the Forestry Act 1920 (Tas) and the Forest Management Act 2013 (Tas). If any of the proclaimed areas were former state forest, the proclamation may have the effect of transferring management to the Department of Primary Industries and Water and imposing stricter conservation controls. At the Commonwealth level, the proclamation may interact with the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act). If a proclaimed area contains a matter of national environmental significance (such as a listed threatened species, a Ramsar wetland, or a World Heritage property), any action that is likely to have a significant impact on that matter may require approval from the Commonwealth environment minister. The proclamation itself is not an approval under the EPBC Act. A person who undertakes an activity authorised under the state enabling Act may still need Commonwealth approval. The proclamation may also interact with native title laws. If any of the proclaimed areas are subject to a native title claim or determination, the proclamation may affect the holders' rights. Under the Native Title Act 1993 (Cth), the proclamation may constitute a future act that requires compliance with the procedural requirements (such as notification and negotiation). The proclamation does not mention native title, which suggests that the enabling Act may contain a provision that validates the proclamation for native title purposes if it was done in accordance with the law. The proclamation may also interact with the Aboriginal Heritage Act 1975 (Tas). If a proclaimed area contains an Aboriginal relic or site, the proclamation does not provide any special protection, but the Aboriginal Heritage Act imposes its own penalties for damaging such sites. The Department of Primary Industries and Water would need to consult with the Aboriginal Heritage Council before undertaking any works that might affect heritage. The proclamation also interacts with the Public Land (Administration and Forests) Act 1991 (Tas), which governs the management of public land. The proclamation effectively reclassifies certain parcels of public land, which may require updating the public land register. Finally, the proclamation interacts with the Crown Lands Act 1976 (Tas) if any of the parcels were formerly unallocated Crown land. The proclamation may revoke any existing reservations or dedications under that Act.

This proclamation was made on 12 December 2007, as noted in the gazettal notice at the end of the text. The instrument itself does not contain any internal amendment history because it is a single declaratory instrument. There is no indication in the source text that it has ever been amended. However, in practice, the schedules to such proclamations are sometimes amended by later proclamations that add, remove, or adjust boundaries of the listed areas. A practitioner would need to check the current version of the proclamation on the Tasmanian legislation website (www.legislation.tas.gov.au) to see if any subsequent amending proclamations exist. For example, the two entries for Mount Faulkner Conservation Area (Plan 7370 and Plan 2855) suggest that the proclamation may have been used to consolidate or correct earlier boundaries. It is also possible that some of the listed areas were previously part of other reserves or Crown land and were brought under the enabling Act for the first time by this proclamation. The proclamation does not contain a table of amendments or a repeal schedule. Because the instrument is from 2007, it predates some later changes to Tasmanian conservation legislation, such as the National Parks and Reserves Management Act 2002 (which may have been the enabling Act at the time) and its subsequent amendments. The practitioner should ensure they are using the version of the enabling Act in force at the time of any alleged offence or transaction, because the penalty provisions and definitions may have changed. The proclamation itself is static, but the legal landscape around it has evolved. For instance, the administering department name has changed from the Department of Primary Industries and Water to the Department of Natural Resources and Environment Tasmania. This does not affect the validity of the proclamation, but it affects who to contact for permits or enforcement. The proclamation also does not reference any previous proclamations that it might supersede. It is possible that earlier proclamations covering the same or adjacent areas were revoked or varied by this instrument, but that information is not in the source. A thorough legal review would require a historical search of the Tasmanian Government Gazette for the period leading up to December 2007 to identify any predecessors. In summary, the amendment history of this specific instrument is a blank slate; any changes to the boundaries or categories of the listed lands since 2007 would have been effected by separate instruments, not by amendment to this one.

The source text does not mention any litigation history, and there are no case names or references to court proceedings. However, a practitioner can consider the types of litigation that could arise from a proclamation of this nature. The most common form of litigation would be a challenge to the validity of the proclamation itself. A person affected by the classification might argue that the proclamation was not made in accordance with the enabling Act, for example, that the required consultation was not undertaken, or that the minister did not have the power to include certain parcels. Another possible litigation is a dispute over the boundaries of the proclaimed areas. The proclamation relies on plans in the Central Plan Register, which may contain errors or ambiguities. A landowner might litigate to determine whether their property is included in the reserve. Without access to the case law databases, one cannot confirm whether any such disputes have occurred. However, the Tasmanian Supreme Court has from time to time considered challenges to reserve proclamations under the National Parks and Wildlife Act 1970. A notable area of potential litigation is compensation. If the proclamation effectively acquires an interest in land without adequate compensation, the affected party might bring an action under the enabling Act or under the Constitution (section 51(xxxi) for Commonwealth acquisitions, but state acquisitions are governed by state law). Another potential category is judicial review of administrative decisions made under the enabling Act regarding the management of the proclaimed areas. For example, if the department grants a permit for a commercial activity in a conservation area that is incompatible with the category, an environmental group might seek review. The proclamation also creates the possibility of criminal prosecutions for offences committed on the proclaimed land. Those prosecutions would be in the Magistrates Court and could result in appeals to the Supreme Court. In such cases, the court might need to interpret the proclamation to determine whether the location of the alleged offence falls within the described area. This could involve expert evidence from surveyors. The proclamation does not create any private rights of action, but a person who suffers loss because of a breach of duty by the department (for example, failing to maintain a walking track, causing an injury) could bring a negligence claim. The proclamation would then be relevant to establish the legal status of the land and the duty of care owed. In summation, the litigation history for this specific proclamation is not provided, but the categories of disputes it could generate are numerous and well established in administrative and property law. A practitioner advising on a matter involving these areas should conduct a thorough search for any judgments that reference the proclamation or the specific plan numbers.

Several traps lie in this proclamation. First, the boundary descriptions are not always self contained. The textual description in Schedule 1 often refers to a lot shown on a plan in the Central Plan Register, and the plan image in Schedule 2 is stated to be "by way of illustration only". The legal boundary is the plan on the register, not the printed GIF. If a person relies on the published image, they might get the wrong location or area. Always obtain the official plan from the Central Plan Register. Second, the proclamation does not state the enabling Act under which it was made. The practitioner must deduce it from the category names and administrative context. There is a risk that the wrong enabling Act is consulted, leading to incorrect advice on duties and penalties. Third, the proclamation uses area descriptions such as "about 5.23 hectares". The word "about" introduces potential ambiguity. A survey may reveal a slightly different area, which could affect whether a particular activity falls within the reserve boundary. Fourth, there is no transitional provisions or savings clause in the proclamation. If the proclamation reclassifies land that was previously under a different tenure, existing lawful uses (such as grazing, mining, or a private residence) might become unlawful immediately unless the enabling Act provides for transitional arrangements. A person who purchased land adjacent to what was then unclassified Crown land might now find themselves bordering a game reserve with new restrictions on fencing or water extraction. Fifth, the proclamation creates two separate parcels for the Coles Bay Conservation Area and the Mount Faulkner Conservation Area. A person dealing with only one parcel might miss the other, leading to a mistaken belief that all of a certain area is covered, or not covered. Sixth, the inclusion of the phrase "reduced copy" in the graphical descriptions means the scale of the plan may be lost. A user cannot measure distances from the published GIF. Seventh, the proclamation was made in 2007 and may not reflect current departmental responsibilities. The administering department is named as Department of Primary Industries and Water, but that department has since been restructured. Communications or permit applications sent to the old name may be delayed or lost. Eighth, the proclamation does not state whether any of the areas are subject to management plans. If a management plan exists, it may impose additional restrictions or create exceptions that are not obvious from the proclamation alone. Ninth, the proclamation may be one of a series. For example, there may be separate proclamations for the same areas that deal with road closures, leases, or permit systems. A comprehensive search is needed. Tenth, the proclamation does not mention any rights of appeal or review. A person aggrieved by a decision made under the enabling Act (e.g., refusal of a permit) may have appeal rights under that Act, but those rights are not recorded here. Finally, the digital availability of the linked GIF images may be unreliable. The URLs end in .gif and are hosted on the Tasmanian legislation website. If the host changes the file structure, the images may break, leaving the practitioner without easy visual reference to the boundaries.

Compliance with the proclamation itself is straightforward: you must not treat the land in a manner inconsistent with its classification. The harder part is determining what that classification permits and prohibits. First, identify the applicable parcel. Use the part number and name from Schedule 1 to find the corresponding plan in Schedule 2. Then obtain the official plan from the Central Plan Register (via the Tasmanian Land Titles Office or online). Compare the lot boundaries with your area of interest. Second, determine the land category (game reserve, conservation area, nature recreation area, or regional reserve). Third, locate the enabling Act. Based on the categories, it is likely the National Parks and Wildlife Act 1970 (Tas) or the National Parks and Reserves Management Act 2002 (Tas). Check the current version on the Tasmanian legislation website. Fourth, read the provisions of the enabling Act that apply to the specific category. For example, section 17 of the National Parks and Wildlife Act 1970 might prohibit the taking of flora or fauna. Fifth, check if there is a management plan in force for the particular reserve or conservation area. Management plans are usually statutory instruments that can further regulate activities. They may be published on the website of the administering agency (now likely the Department of Natural Resources and Environment Tasmania). Sixth, if you wish to undertake any activity that is not explicitly permitted, apply for a permit or licence from the administering agency. The proclamation does not specify a permit process, but the enabling Act will. Seventh, keep a copy of the proclamation, the official plan, and any permits or correspondence on file. This is especially important for businesses that operate tours or lease buildings in or near these areas. Eight, if you are a landowner whose property abuts a proclaimed area, check your title for any easements or rights of way that may be affected. The proclamation does not create or extinguish easements, but the management of the reserve may restrict your access. Ninth, if you are a developer or a local council assessing a planning application adjacent to a proclaimed area, consider whether the development is likely to have a significant impact on the values of the reserve. This may trigger the need for an environmental impact assessment under the enabling Act or under the EPBC Act. Tenth, if you discover that you or your employees have been carrying out an activity without the required authorisation, cease the activity immediately and contact the administering agency to regularise your position. Self reporting may reduce the penalty. The department may offer a compliance agreement or a retrospective licence. Eleventh, for mineral explorers or miners, check whether the enabling Act prohibits or restricts mining on the category of land. Even if mining is allowed, you may need a specific mining licence and an environmental management plan. Twelfth, for persons engaged in recreational hunting or fishing, check the seasonal opening dates and bag limits for the specific game reserve. The proclamation itself does not list these; they are set by regulation or notice. Thirteenth, for anyone considering building a structure, even a temporary one, assume it is prohibited unless the enabling Act or a management plan expressly allows it. Finally, if in doubt, seek legal advice from a Tasmanian solicitor experienced in conservation and land use law. The cost of noncompliance can be substantial, both in fines and in remediation orders.