Proclamation under the Roads and Jetties Act 1935 (TAS)

The case involved a proclamation under the Roads and Jetties Act 1935 made by the Governor of Tasmania, G.S.M. Green, declaring certain parts of the Bridport Main Road as limited access roads and identifying places of access. The proclamation was made following advice from the Minister for Infrastructure, Energy and Resources, P.A. Lennon. The declaration was published in the Gazette on 30 December 1998 and is administered by the Department of Infrastructure, Energy and Resources.

The key legal issue before the court was whether the proclamation made by the Governor was valid and in accordance with the statutory requirements of the Roads and Jetties Act 1935. The proclamation declared specific sections of the Bridport Main Road as limited access roads and identified locations for access to these roads. The court needed to determine whether the Governor had the authority to make such a proclamation and whether it complied with the legislative provisions and any relevant administrative requirements.

The court examined the statutory framework and found that the Governor had the authority to make the proclamation under section 52A of the Roads and Jetties Act 1935. The court also confirmed that the proclamation was in line with the legislative requirements and that the specified sections of the Bridport Main Road were correctly identified as limited access roads. Additionally, the court verified that the locations designated as places of access were consistent with the statutory provisions and appropriately identified. As a result, the proclamation was deemed valid and in compliance with the Act.

The final orders of the court upheld the validity of the proclamation, confirming that the Governor had the authority to declare the specified parts of the Bridport Main Road as limited access roads and to identify the places of access as per the proclamation. The proclamation was thus affirmed, and the court found that it was properly made in accordance with the legislative requirements of the Roads and Jetties Act 1935.