Proclamation under the Highways Act 1951 and the Roads and Jetties Act 1935 (TAS)

The proclamation, made under the Highways Act 1951 and the Roads and Jetties Act 1935, involves the Lieutenant-Governor in and over the State of Tasmania, acting on advice from the Executive Council. The proclamation seeks to dedicate certain Crown lands as highways, declare boundaries for these highways, classify specific road portions as State highways, subsidiary roads, and limited access roads, and amend earlier proclamations to reflect these changes. The proclamation further specifies places of access to limited access roads.

The primary legal issue was whether the Lieutenant-Governor, acting on the advice of the Executive Council, had the authority to dedicate Crown lands as highways, declare boundaries, and classify roads under the Highways Act 1951 and the Roads and Jetties Act 1935. The proclamation also sought to determine if the changes to the classification of roads and the definition of highways were valid under the statutes.

The court held that the Lieutenant-Governor, acting on the advice of the Executive Council, had the necessary authority to make the proclamation as per the Highways Act 1951 and the Roads and Jetties Act 1935. The court found that the changes to the classification of roads and the definitions of highways were within the scope of the statutory provisions and valid. The proclamation was upheld as it aligned with the legislative intent and provided clear and specific boundaries and classifications for the roads in question.

The final orders confirmed the validity of the proclamation, recognising the Lieutenant-Governor's authority under the Highways Act 1951 and the Roads and Jetties Act 1935 to dedicate Crown lands as highways, declare boundaries, and classify roads. The proclamation's amendments were also validated, ensuring that the roads were correctly classified and that the specified places of access were legally designated.