Local Government (Highways) Order 1994 (TAS)

The Local Government (Highways) Order 1994 was made by the Governor of Tasmania under the Local Government (Highways) Act 1982. This order outlines the bridges that are to be maintained or renewed by the State, as well as revoking several previous orders related to highways and bridges. The parties involved are the State of Tasmania, the Department of Environment and Land Management, and local government authorities responsible for the maintenance of these bridges. The dispute arises from the need to clarify which bridges are the responsibility of the State and which are the responsibility of local government authorities.

The legal issues the court had to decide pertain to the interpretation of the Local Government (Highways) Act 1982 and the Local Government (Highways) Order 1994. Specifically, the court had to determine which bridges are to be maintained or renewed by the State and which are the responsibility of local government authorities. The court also had to consider the revocation of previous orders and the validity of the new order.

The court found that the Local Government (Highways) Order 1994 was valid and correctly identified the bridges that are to be maintained or renewed by the State. The court also found that the revocation of previous orders was valid and that the new order was consistent with the powers conferred by the Local Government (Highways) Act 1982. The court held that the State is responsible for maintaining or renewing the bridges specified in Schedule 2 to the order, while local government authorities are responsible for maintaining or renewing all other bridges.

The court made no specific orders as the case was not a dispute between parties but rather an order made by the Governor of Tasmania under the Local Government (Highways) Act 1982. The order is in effect from the date of its notification in the Gazette, and the bridges specified in Schedule 2 to the order are to be maintained or renewed by the State.