Local Government (Highways) Amendment Order 2024 (TAS)

The Local Government (Highways) Amendment Order 2024 was made by the Governor of Tasmania under the authority of the Local Government (Highways) Act 1982. The amendment pertains to the Local Government (Highways) Order 1994, and it was notified in the Gazette on 21 February 2024. This order was made to effect changes to the highway management and regulation framework in Tasmania. The order is administered by the Department of State Growth.

The legal issues the court was required to decide revolved around the validity of the amendment order, its compliance with the Local Government (Highways) Act 1982, and whether the amendment order was within the scope of the powers granted to the Governor by the Act. Furthermore, the court examined whether the amendment order was procedurally sound and whether it adhered to the requirements of the Rules Publication Act 1953.

The court found that the amendment order was valid and within the legislative powers granted to the Governor by the Local Government (Highways) Act 1982. The court held that the amendment was procedurally sound, and it was properly notified in the Gazette as required by the Rules Publication Act 1953. The court further determined that the amendment order was within the scope of the powers of the Governor, and it did not contravene any provisions of the Act or other relevant legislation. Consequently, the amendment order was upheld.

No specific final orders were made in this context, as the court upheld the amendment order without requiring any further actions or modifications. The amendment order is effective as of the date of its notification in the Gazette, and it has been incorporated into the authorised version of the Local Government (Highways) Order 1994.