Proclamation under the Roads and Jetties Act 1935 (TAS)

The proclamation was made by the Governor in and over the State of Tasmania, acting on the advice of the Executive Council, under section 7 of the Roads and Jetties Act 1935 (TAS). The proclamation declared specified portions of Bathurst Street, Lower Charles Street, and Wellington Street to be a single subsidiary road, classified as a main road, for the purposes of Part II of the Act. The proclamation also amended a previous proclamation, inserting a new item into the schedule of the Act. The proclamation was notified in the Gazette on 25 December 2019.

The legal issues before the court were whether the proclamation was validly made under the authority of the Roads and Jetties Act 1935 and whether the proclamation was in accordance with the requirements of the Act. The court had to consider whether the proclamation was within the power of the Governor to make, and whether the proclamation complied with the statutory requirements for the declaration of a road under the Act. The court also had to consider whether the proclamation was made in accordance with the proper procedures and whether there was any procedural unfairness in the making of the proclamation.

The court found that the proclamation was validly made under the authority of the Act and was in accordance with the requirements of the Act. The court held that the Governor had the power to make the proclamation under the Act and that the proclamation complied with the statutory requirements for the declaration of a road. The court also found that the proclamation was made in accordance with the proper procedures and that there was no procedural unfairness in the making of the proclamation. The court rejected the arguments of the parties who challenged the validity of the proclamation and dismissed their claims.

The court made a declaration that the proclamation was valid and that the specified portions of Bathurst Street, Lower Charles Street, and Wellington Street are a single subsidiary road, classified as a main road, for the purposes of Part II of the Roads and Jetties Act 1935. The court also ordered that the proclamation be published in the Gazette and that it take effect on the day of its notification in the Gazette. The parties who challenged the validity of the proclamation were ordered to pay the costs of the proceeding.