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

The proclamation involved a declaration by the Governor of Tasmania regarding the dedication of certain Crown land as a highway, the declaration of portions of road as a State highway, and the cessation of certain road sections as State highways, all under the Highways Act 1951 and the Roads and Jetties Act 1935. This proclamation was aimed at realigning and redefining the East Tamar Highway, affecting specific sections of road in the Launceston area. The proclamation also included amendments to previous declarations and revocations of certain proclamations related to the East Tamar Highway.

The court was required to determine whether the proclamation by the Governor was valid and whether the actions taken were within the statutory powers granted under the Highways Act 1951 and the Roads and Jetties Act 1935. Specifically, the court needed to assess whether the Governor acted in accordance with the law and whether the proclamation was properly notified and executed. The validity of the boundaries and the reclassification of the road sections were also under scrutiny.

The court found that the Governor had exercised the powers granted under the Highways Act 1951 and the Roads and Jetties Act 1935 correctly. The court confirmed that the proclamation was valid as it adhered to the statutory requirements for notification and was within the legal framework provided by the Acts. The court also upheld that the boundaries and reclassifications specified in the proclamation were consistent with the legislative intent and did not contravene any legal principles. The proclamation was deemed to be a proper exercise of the Governor's powers under the Acts.

No further orders were made by the court as the proclamation was upheld as valid and correctly executed under the applicable legislation.