Proclamation under the Roads and Jetties Act 1935 (TAS)

The proclamation under the Roads and Jetties Act 1935, made by the Lieutenant-Governor of Tasmania, addresses amendments to the Lyell Highway's access points. The Lieutenant-Governor, acting on the advice of the Executive Council, revoked an earlier proclamation and amended another, specifically altering the places of access along the Highway. This decision was made under section 52A of the Act, and the changes were intended to provide additional access points to the Highway, which had been declared a limited access road. The proclamation also included a schedule that listed the new access points and their distances from the eastern boundary of Forest Road.

The court was tasked with determining whether the Lieutenant-Governor's proclamation, as amended, was within the powers granted by the Roads and Jetties Act 1935. This involved examining the statutory authority for the Lieutenant-Governor to make such proclamations, the scope of these powers, and whether the specific changes made were consistent with the legislative intent. The court also considered whether the proclamation was procedurally correct, including the requirement for notification in the Gazette and the timing of the proclamation's effect.

In examining the legal issues, the court found that the Lieutenant-Governor's proclamation was made in accordance with the Act and was within the powers conferred by the legislation. The court confirmed that the Lieutenant-Governor had the authority to amend access points on the Highway and that the changes were consistent with the legislative intent. The court also noted that the proclamation was properly notified in the Gazette and that the timing of the proclamation's effect was in line with statutory requirements. Therefore, the court upheld the validity of the Lieutenant-Governor's proclamation.

As a result of the court's decision, the proclamation was deemed valid, and the amended access points on the Lyell Highway were confirmed. The proclamation took effect on the date of its notification in the Gazette, as specified in the document. This decision ensures that the changes to the Highway's access points, as outlined in the proclamation, are legally recognised and enforceable.