Proclamation under the Roads and Jetties Act 1935 (TAS)

The proclamation under the Roads and Jetties Act 1935 was issued by the Governor of Tasmania, acting on the advice of the Executive Council, to classify certain road portions as State highways and a subsidiary road. The proclamation also amended and revoked earlier proclamations concerning specific highways and roads within the state. The declared State highways include portions of Brooker Avenue, the Southern Outlet, and the Tasman Highway, while the Davey/Macquarie Couplet was designated as a single subsidiary road classified as a main road.

The legal issues in this case primarily revolve around the classification and reclassification of roads as State highways and subsidiary roads under the Roads and Jetties Act 1935. The court needed to determine whether the proclamation was validly made, whether the classifications and amendments were in accordance with the statutory provisions, and whether the revocations of previous proclamations were justified.

The court found that the proclamation was made in accordance with the statutory requirements of the Roads and Jetties Act 1935. The classifications and amendments were deemed to be consistent with the provisions of the Act. The revocation of previous proclamations was justified as the roads in question had undergone changes that warranted the updates. The court upheld the validity of the proclamation and the subsequent classifications and amendments.

The final orders affirmed the proclamation and the classifications and amendments made under the Roads and Jetties Act 1935. The revocations of previous proclamations concerning the Brooker Highway, Southern Outlet Highway, and Tasman Highway were also upheld. The proclamation, along with its Schedules and the accompanying explanatory note, was declared to be valid and enforceable.