Proclamation under the Nature Conservation Act 2002
In ForceTAS
Jurisdiction
Tasmania
Act Number
87 of 2008
Collection
regulation
Plain English Summary
3/10 complexity
This proclamation, made under the Nature Conservation Act 2002, formally declares specified parcels of land (identified by lot, area and plan references) to be part of named national parks, state reserves and nature reserves in Tasmania. Schedule 2 contains plan graphics and the Gazette notice that record the precise boundaries.
It affects land management and legal status of those parcels, places administration with the Department of Primary Industries and Water, and therefore changes who decides permitted uses and who must comply with conservation rules.
This instrument, presented as Schedules 1 and 2, lists discrete parcels of land and reproduces plan illustrations for a set of named parks and reserves. Schedule 1 identifies the areas of land by part number and by park or reserve name, and, for many entries, gives an approximate area together with a Lot identifier. Where the text refers to plan boundaries it does so by citing plan numbers in the Central Plan Register and describing reduced copies that appear in Schedule 2. Schedule 2 contains the reduced plan images corresponding to the plan numbers referenced in Schedule 1.
Key textual elements from the source are these: certain parts state areas described as "about X hectares" and shown as Lot Y; other parts specify that the parcel is "bounded by heavy black lines on Plan [number] in the Central Plan Register, a reduced copy of which is set out, by way of illustration only, in [Part Z] of [Schedule 2] to this proclamation." The Schedule concludes with a formal display statement: "Displayed and numbered in accordance with the Rules Publication Act 1953," a notification date: "Notified in the Gazette on 6 August 2008," and an administrative contact: "This proclamation is administered in the Department of Primary Industries and Water."
Mechanically, the instrument does the following, as stated in the text:
Names 16 parts in Schedule 1, each corresponding to a named national park, state reserve, or nature reserve (for example, Cradle Mountain-Lake St Clair National Park, Freycinet National Park, Mole Creek Karst National Park, Hellyer Gorge State Reserve, The Nut State Reserve, Pitt Water Nature Reserve and others).
For multiple parts, provides approximate area measures and Lot identifiers (for example, Freycinet National Park lists "about 4.109 hectares, shown as Lot 1; and ... about 2.542 hectares, shown as Lot 2; and ... about 4.162 hectares, shown as Lot 3").
Current sections
Direct links to the current provisions in Proclamation under the Nature Conservation Act 2002.
18
SCHEDULE 1 - Areas of land
SCHEDULE 1 - Areas of land
SCHEDULE 1 - Areas of land SCHEDULE 1 - Areas of land
Part 1
Cradle Mountain-Lake St Clair National Park
Part 1 Cradle Mountain-Lake St Clair National Park
and bounded by heavy black lines on Plan 7594 in the Central Plan Register, a reduced copy of which is set out, by way of illustration only, in Part 3 of Schedule 2 to this proclamation.
2. All that area of land comprising about 8.566 hectares, shown as Lot 1 and bounded by a heavy black line on Plan 7595 in the Central Plan Register, a reduced copy of which is set out, by way of illustration only, in Part 4 of Schedule 2 to this proclamation.
This proclamation is administered in the Department of Primary Industries and Water.
Source text
Sourced from Tasmanian Legislation Online (legislation.tas.gov.au), CC BY 4.0.
SCHEDULE 1 - Areas of land SCHEDULE 1 - Areas of land
SCHEDULE 1 - Areas of land SCHEDULE 1 - Areas of land
Part 1 Cradle Mountain-Lake St Clair National Park
Part 1 Cradle Mountain-Lake St Clair National Park
Part 1Schedule 2
Part 2 Freycinet National Park
Part 2 Freycinet National Park
(a) about 4.109 hectares, shown as Lot 1; and
(b) about 2.542 hectares, shown as Lot 2; and
(c) about 4.162 hectares, shown as Lot 3 –
Part 2Schedule 2
Part 3 Mole Creek Karst National Park
Part 3 Mole Creek Karst National Park
1. All those areas of land comprising –
(a) about 17.27 hectares, shown as Lot 1; and
(b) about 16.78 hectares, shown as Lot 2 –
and bounded by heavy black lines on Plan 7594 in the Central Plan Register, a reduced copy of which is set out, by way of illustration only, in Part 3 of Schedule 2 to this proclamation.
2. All that area of land comprising about 8.566 hectares, shown as Lot 1 and bounded by a heavy black line on Plan 7595 in the Central Plan Register, a reduced copy of which is set out, by way of illustration only, in Part 4 of Schedule 2 to this proclamation.
Part 4 Hellyer Gorge State Reserve
Part 4 Hellyer Gorge State Reserve
(a) about 22.2 hectares, shown as Lot 1; and
(b) about 6.142 hectares, shown as Lot 2; and
(c) about 20.59 hectares, shown as Lot 3 –
Part 5Schedule 2
Part 5 Little Peggs Beach State Reserve
Part 5 Little Peggs Beach State Reserve
(a) about 4.371 hectares, shown as Lot 1; and
Proclamation under the Nature Conservation Act 2002 (Tasmania) | Zoe
Where relevant, ties parcels to plan numbers in the Central Plan Register (for example, Plan 7594 and Plan 7595 are explicitly referenced for Mole Creek Karst National Park).
Reproduces reduced plan images in Schedule 2, each tied to the part and plan number (image file names such as /image/cpr7594.gif are listed beneath the corresponding part heading).
The Schedule does not in its text set out statutory duties, offences, vesting language, or operational management rules. It is a descriptive annex identifying parcels and reproducing plan illustrations, together with formal publication and administration metadata. The text therefore functions as a spatial annex and pointer to authoritative plan records rather than a stand‑alone regulatory code of conduct.
Main concepts
The Schedule rests on a small set of documentary and cartographic concepts. All claims below are drawn from the instrument text.
Approximate area statements. Many parcel entries use the prefix "about" when giving hectare measures, for example "about 17.27 hectares, shown as Lot 1" (Schedule 1, Part 3). The repeated use of "about" signals that the figures are approximate as presented in the Schedule itself.
Lot identifiers. Parcels are identified by "Lot" labels , for example "Lot 1", "Lot 2", "Lot 3" , paired with the approximate area. The text uses the Lot label as the local identifier within the Schedule; it does not provide cadastral certificate or title numbers.
Plan references and the Central Plan Register. Several entries use explicit plan numbers and state that lands are "bounded by heavy black lines on Plan [number] in the Central Plan Register." Specific examples include "Plan 7594" and "Plan 7595" for Mole Creek Karst National Park (Schedule 1, Part 3 and Part 4). The text further states that reduced copies of these plans are set out "by way of illustration only" in Schedule 2.
Reduced plan images. Schedule 2 reproduces graphic plan images for each part, with corresponding file names (for example, /image/cpr7594.gif). The text disclaims that these are reduced copies and are illustrative. The combination of plan numbers in Schedule 1 and reduced images in Schedule 2 establishes a two‑tier spatial record: the Central Plan Register as the authoritative repository and Schedule 2 as an illustrated annex.
Formal publication and administration metadata. The Schedule states that it is "Displayed and numbered in accordance with the Rules Publication Act 1953," that it was "Notified in the Gazette on 6 August 2008," and that "This proclamation is administered in the Department of Primary Industries and Water." Those three items identify the procedural publication vehicle, the public notification date, and the government body responsible for administration.
Plain textual scope. The Schedule is presented as a set of Parts (Part 1 through Part 16 in Schedule 2) with matched Part headings in Schedule 1. The Schedule does not include descriptive legal provisions such as definitions, operative vesting clauses, management powers, prohibited activities, or penalty clauses. Those matters are absent from the text provided.
These elements explain how the Schedule frames the land descriptions: approximate numerical areas and Lot labels together with plan references and reduced plan images. The instrument’s internal architecture is documentary rather than regulatory; it establishes spatial records and points to the Central Plan Register and to the administering department.
Who it affects
The Schedule itself does not explicitly list affected private parties, statutory bodies beyond the named administering department, or third parties entitled to enforce or rely on it. The text does, however, identify certain corporate-actor and practical stakeholders by reference.
Departmental administrator. The Schedule states explicitly that "This proclamation is administered in the Department of Primary Industries and Water." That identifies the Department of Primary Industries and Water as the administrative contact point named in the instrument. For practical purposes inquiries, requests for clarification about the Schedule’s intent or the reproduced plans and lots should be directed to that Department, as per the text.
Records custodians. The Schedule repeatedly links the spatial definitions to the Central Plan Register. The instrument’s spatial accuracy and authoritative boundaries are therefore tied to the custodian of that Register. Anyone requiring authoritative boundary data or seeking to reconcile onsite features to the Schedule’s delineations must consult the Central Plan Register records referenced by the plan numbers in Schedule 1.
Users of cadastral or planning data. Surveyors, property advisers, local government planning officers and parties engaged in title or boundary work will be interested in the fact that the Schedule uses Lot identifiers and plan numbers but does not include coordinates or title references. The Schedule’s repeated note that the Schedule images are "reduced" and "by way of illustration only" means practitioners cannot rely on the printed images alone for precise survey or land title work.
Public and listed park/reserve stakeholders. The Schedule names specific parks and reserves (for example, Cradle Mountain-Lake St Clair National Park; Freycinet National Park; Mole Creek Karst National Park; Hellyer Gorge State Reserve; The Nut State Reserve; Pitt Water Nature Reserve; Tinderbox Marine Nature Reserve). Any person or entity with an interest in those named places, such as local councils, tourism operators, leaseholders, or registered title holders, may be affected in that the Schedule publicly identifies specific Lot designations and approximate areas associated with those places. The Schedule, however, does not specify how the list changes legal ownership, management responsibility, tenure class, or permitted uses.
Users of published legislation. Given the Schedule’s statement "Displayed and numbered in accordance with the Rules Publication Act 1953" and the Gazette notification date ("Notified in the Gazette on 6 August 2008"), the Schedule affects persons who monitor statutory changes through official publication channels. That includes legal practitioners, compliance officers, and press or research organisations relying on Gazette notices and official publication numbering.
What the Schedule does not do for affected parties, based on its text: it does not set out enforcement powers, penalties, statutory prohibitions, operational management provisions, or rights of appeal. It therefore functions as a declaratory spatial annex; the persons materially affected by any consequent legal rights or obligations would need to identify those rights or obligations in other instruments or statutory provisions outside this Schedule.
Key duties and rights
The Schedule does not itself create, enumerate or describe duties, rights, powers or penalties. The text contains only spatial descriptions, plan references, administrative metadata and publication statements. Consequently, the Schedule provides no express statutory duties or rights within its four corners. From the instrument text the following statements are supportable and relevant to duties and rights analysis.
Absence of expressed statutory duties or prohibitions. Nowhere in Schedule 1 or Schedule 2 does the text set out operational duties (for example, management obligations, permit requirements, prohibited activities), or confer rights (for example, rights of public access, commercial use rights, leases or licences). The Schedule is limited to listing areas and reproducing plan images.
Reliance on external instruments for duties and rights. Because the Schedule links parcels to the Central Plan Register and provides a publication date, any legally cognisable duties or rights that attach to these parcels must be established by other legislative provisions, proclamations or statutory instruments not included in the Schedule text. The Schedule itself functions as mapping and public notification but does not create the operational statutory framework.
Administrative responsibility as a point of contact, not a listed power. The phrase "This proclamation is administered in the Department of Primary Industries and Water" names a department for administration. That identifies the Department as the administrative custodian; it does not, in the instrument text, define what administrative functions, decisionmaking powers or discretion the Department possesses with respect to the parcels listed.
Authoritative spatial record is the Central Plan Register. The Schedule states that parcels are "bounded by heavy black lines on Plan [number] in the Central Plan Register" and that the Schedule’s reproduced plans are "by way of illustration only." From that text the operative implication is that precise boundaries and the authoritative plan record lie in the Central Plan Register. If a duty or right depends on precise cadastral boundaries, reliance on the Register is indicated by the Schedule wording.
Publication and effective date metadata for temporal queries. The "Notified in the Gazette on 6 August 2008" line supplies a public notification timestamp. For any duty or right outside this Schedule that refers to the date of publication or commencement of a proclamation, that Gazette date is an evidentiary datum. The Schedule does not itself declare a separate commencement provision; it gives the Gazette notification date.
Practically, because the Schedule contains no statutory duties or rights clauses, practitioners must look to the parent proclamation or to the enabling legislation that produced this Schedule for obligations, rights, enforcement provisions and administrative powers. The Schedule is a spatial annex and a publication record.
Penalties and enforcement
The Schedule contains no penalty, offence, fine, enforcement mechanism, or enforcement agency designation beyond identifying the administering Department. The text makes no reference to contraventions, penalty units, infringement notices, enforcement officers, civil remedies, injunctive powers or criminal sanctions. Therefore the Schedule itself imposes no enforceable sanctions or enforcement procedures.
Specific textual points supporting that statement:
The Schedule listings provide only names, approximate areas, Lot identifiers and references to plan numbers or plan images. No punitive language appears.
The only administrative attribution is "This proclamation is administered in the Department of Primary Industries and Water." That is a statement of administrative custody in the Schedule, not a statement of enforcement powers or sanctions conferred.
Consequently, any penalties or enforcement actions that might apply to activities on the listed parcels must be sought in the enabling statutory framework or in separate statutory provisions or regulations not contained in this Schedule. For example, if a separate statute creates offences for unauthorised use of lands in national parks or reserves, the Schedule may be relevant for identifying the parcels to which those provisions apply, but the Schedule itself does not create or define the offences or the enforcement apparatus.
For practitioners preparing enforcement strategies or compliance advice, the absence of enforcement text in the Schedule imposes a necessary step: identify the parent or enabling Act, regulation or proclamation that incorporates this Schedule. Enforcement options and penalty scales will flow from those instruments. Within the text provided, the only venue for tracing precise boundaries and thereby underpinning enforcement action is the Central Plan Register entries referenced by plan number, and the Department identified as administrator is the logical contact for procedural matters relating to enforcement records.
How it interacts with other laws
The Schedule makes three explicit cross‑references to other official records or regimes; everything below is drawn from the text and remains documentary in nature.
Central Plan Register. Several parts of Schedule 1 refer directly to plans "in the Central Plan Register" and instruct that parcels are "bounded by heavy black lines on Plan [number] in the Central Plan Register." The Schedule therefore interacts with the Central Plan Register as the authoritative cartographic repository for boundary definitions. Any legal effect that depends on precise boundaries will need to reference the Central Plan Register plan entries cited in this Schedule.
Rules Publication Act 1953. The Schedule states that it is "Displayed and numbered in accordance with the Rules Publication Act 1953." That indicates the Schedule’s presentation and numbering comply with the procedural requirements of that Act for display and numbering. The Schedule thus interacts procedurally with the Rules Publication Act as the statutory vehicle dictating how the instrument is presented to the public. The statement does not, however, import substantive rules or create rights under that Act beyond procedural compliance.
Gazette publication. The Schedule includes the line "Notified in the Gazette on 6 August 2008." Gazette notification commonly functions as the formal public notice required for many statutory instruments. For legal questions about when the Schedule was publicly published and therefore when any time points tied to publication occur, the Gazette date provided here is the relevant datum in the Schedule text.
Beyond those explicit references the Schedule contains no textual cross‑references to other statutes, regulations, or instruments that would define management powers, tenure class, permitted uses or offences. Therefore any substantive interaction between the land areas listed and statutory regimes governing land use, conservation, permits, leases or third‑party rights must be established in other instruments or laws. The Schedule functions as a spatial annex and publication record that interfaces with the Central Plan Register for cartographic detail, and with the Rules Publication Act and the Gazette for procedural publication.
Practical cross‑check steps that follow from the Schedule wording are: consult the Central Plan Register plans referenced by number for precise boundaries and plan metadata; confirm the Gazette notice of 6 August 2008 for publication particulars; and use the Department of Primary Industries and Water as the administrative contact for queries about how this proclamation interacts with other statutory instruments. The Schedule itself, however, contains no language about how it changes tenure or rights under other laws.
Amendment history
The Schedule contains only a single explicit historical datum and provides no internal amendment record. The text states: "Notified in the Gazette on 6 August 2008." That is the only date or publication history item included in the text provided.
There are no clauses in the Schedule referring to previous versions of the Schedule, no record of substitution, no repeal or amendment notes, and no marginal annotation indicating subsequent amendments. The Schedule also does not include any "commencement" clause or any explicit amendment provision for future modification. The single line referencing the Rules Publication Act 1953 addresses procedural display and numbering but is not an amendment record.
From the text provided the following are supported conclusions:
The Schedule as presented was publicly notified on 6 August 2008. That date is the only explicit publication or historical marker supplied.
There is no internal evidence in the supplied text of any later amendments, revocations, or replacements of the Schedule.
Any change history after the Gazette date would have to be sought in external records: later Gazette notices, amendments to the parent proclamation, or other legislative instruments administered by the Department of Primary Industries and Water.
For a practitioner needing a reliable amendment history, the Schedule indicates the correct practical search path: check subsequent Gazette issues after 6 August 2008 for any further notices, consult the Central Plan Register entries for the plan numbers referenced (which may include amendment metadata in the Register), and contact the Department of Primary Industries and Water , the body named in the Schedule as administrator , for any official amendment records. The Schedule itself does not provide an internal historic trail beyond the single Gazette notification date.
Litigation history
The Schedule contains no reference to litigation, court decisions, statutory appeals, or disputes. There are no case names, no citations to judicial decisions, no references to tribunals or judicial reviews, and no mention of legal proceedings contesting the Schedule or the parcels it identifies.
Accordingly, within the scope of the text supplied:
There is no recorded litigation history appended to or incorporated in this Schedule.
The Schedule does not cite any judicial interpretation or precedent bearing on the meaning or legal effect of the Schedule entries.
If litigation or disputes exist in practice concerning any of the parcels listed, those matters are not recorded or referenced in the instrument text supplied. Lawyers or researchers seeking litigation history must therefore consult external sources: court databases, Gazette subsequent notices, administrative tribunal records, and records held by the Department of Primary Industries and Water or by registration authorities for the Central Plan Register. The Schedule itself provides no litigation footprint.
Gotchas
The text contains several specific textual and documentary features that create practical pitfalls for reliance or interpretation. Each of the following is grounded in the Schedule text.
"About" areas , approximate figures. Many area entries are prefaced by "about" (for example "about 4.109 hectares", "about 17.27 hectares"). The repeated use of "about" indicates that the Schedule presents approximate areas. Do not treat the hectare figures as exact cadastral measurements without consulting the Central Plan Register or an up-to-date survey.
Reduced copies are "by way of illustration only." The Schedule expressly says that reduced copies of plans are "set out, by way of illustration only, in [Part X] of [Schedule 2]." That language signals the reproduced images are not the authoritative, full‑scale plans. Practitioners should not rely on the Schedule images as the definitive spatial source. The authoritative boundaries are in the Central Plan Register plans referenced by number.
Plan numbers vs image file names. Schedule 1 references plan numbers in the Central Plan Register (for example Plan 7594). Schedule 2 lists graphic images and file paths (for example /image/cpr7594.gif) under matching part headings. While the correspondence appears clear, do not rely on the image file alone for legal boundary work. Always cross‑check the plan number entry in the Central Plan Register.
Sparse identifying data. The Schedule gives Lot identifiers and approximate areas but does not provide title reference numbers, coordinates, map sheet metadata, land parcel identification numbers beyond the Lot label, or surveyor certificates. This paucity means lawyers and conveyancers must take further steps before asserting precise legal descriptions.
No operative or enforcement text. The Schedule lists land parcels but contains no express operative vesting clause, no explicit statement about tenure class, no management rules and no penalty provisions. It is a spatial annex and publication record. If a client needs to know what uses are permitted or forbidden on the named parcels, that information will not be found in this Schedule and must be sought in the enabling statute or regulations.
Administrative contact does not equal decisionmaking clarity. The Schedule names the Department of Primary Industries and Water as the administering body. That is useful for enquiries but does not disclose the Department’s statutory powers, delegated authorities, or decisionmaking criteria. Do not infer from "administered in" that the Department alone has all relevant powers; check the enabling legislation.
Single Gazette date only. The Schedule gives a single Gazette notice date, 6 August 2008, but does not provide a commencement clause or an internal amendment trail. For temporal questions, do not assume that date is the commencement date of any separate statutory regime. Use that Gazette date as an evidential starting point and seek the parent instrument for commencement and amendment detail.
Repeated and duplicated headings. The text as supplied contains repeated headings and formatting oddities (for example multiple occurrences of the same Part heading and duplication in Schedule 2). Those formatting features do not change the content but can cause confusion when extracting data programmatically. Treat the plan numbers and Lot statements as the primary datum.
Absence of legal context in the Schedule text. Because the Schedule does not include the enabling statutory language, do not assume any particular legal consequence (such as public access rights, conservation restrictions, or changes to tenure). All legal effect must be traced to the parent proclamation or enabling Act.
Possible reliance on other records for mapping accuracy. Any attempt to match field survey, title records or adjoining parcel descriptions to the Schedule should begin with the Central Plan Register entries referenced. The Schedule itself is an index plus reduced illustrations, not the cadastral source.
These "gotchas" are documentary and procedural. They point to required follow-up actions rather than to substantive legal conclusions drawn from the Schedule text.
How to comply
Because the Schedule contains no duties or prohibitions, "compliance" here means correctly using the Schedule as a spatial and publication record and taking the correct next steps to establish legal rights, obligations or operational procedures tied to the listed parcels. The following practical checklist is derived from the Schedule text.
Treat the Schedule as an index and illustration. The Schedule provides lot identifiers, approximate areas and plan numbers, and reproduces reduced plans for illustration. For any legal, survey, planning or conveyancing purpose treat the Schedule as an index that points to primary records, not as the primary record itself.
Obtain the Central Plan Register plans. Where the Schedule states a parcel is "bounded by heavy black lines on Plan [number] in the Central Plan Register," obtain the full‑scale, authoritative plan from the Central Plan Register for that plan number. The Schedule’s reduced images are expressly "by way of illustration only." Use the Register plan for precise boundaries, metric dimensions and survey metadata.
Confirm lot and area particulars. The Schedule’s area figures are prefaced with "about." If exact area, title description or cadastral limits matter to your client, commission or obtain a current survey and confirm the lot particulars against the Central Plan Register and land title records.
Use the Gazette notice date as the publication datum. The Schedule records "Notified in the Gazette on 6 August 2008." Use that date as your public notification evidentiary point; however, do not assume that other legal consequences or commencement dates are identical without checking the parent proclamation or enabling Act.
Contact the administering department for administrative queries. The Schedule states "This proclamation is administered in the Department of Primary Industries and Water." For procedural queries, historical enquiries about the proclamation, or requests for the original plan files or associated administration records, contact that Department as the first official point of enquiry.
Seek the enabling Act or parent proclamation. The Schedule does not include operative vesting language, management powers, offence provisions, or enforcement mechanisms. To determine the legal effects that attach to these parcels, obtain the parent proclamation or the enabling statute under which this Schedule was prepared. Do not infer legal effects from the Schedule text alone.
Do not rely on Schedule 2 images for surveying or legal descriptions. The image file names in Schedule 2 (for example /image/cpr7594.gif) are useful for navigation, but the Schedule explicitly describes the images as reduced. Obtain the Central Plan Register records and, if necessary, the original scale plan files for legal or surveying activities.
Check for subsequent amendments or notices. The Schedule itself contains no amendment history. If you require certainty about the current legal status of a parcel, search subsequent Gazette issues, Central Plan Register amendment logs for the plan numbers given, and Departmental records after the 6 August 2008 publication date.
Record evidentiary references. When preparing advice or documentation, cite the precise text from the Schedule that you rely on (for example, the Lot designation and the plan number) and note that the Schedule’s plans are illustrative. Where possible, attach copies or references to the Central Plan Register plans you have obtained.
Where precision matters, commission formal title and cadastral checks. The schedule lacks cadastral title identifiers, coordinates and surveyor certification. If your client needs to buy, lease, develop, or otherwise take legal action relating to the land, arrange for title searches and contemporary cadastral verification.
Following the above steps aligns with the Schedule’s text, which frames the instrument as an indexing and illustrative annex referencing the Central Plan Register, published in the Gazette and administered within the Department of Primary Industries and Water. The Schedule itself is not a substitute for primary cadastral records, title searches or the enabling statutory instruments that set out substantive law concerning the listed lands.