Proclamation under the Roads and Jetties Act 1935 (TAS)

This case involved a proclamation under the Roads and Jetties Act 1935, made by the Governor of Tasmania on the advice of the Executive Council. The proclamation amended a previous proclamation regarding the Mount William Developmental Road, correcting the specified distance of the road from 22.21 kilometres to 22.12 kilometres. The proclamation was published in the Gazette on 23 December 2015 and is administered by the Department of State Growth.

The legal issue before the court was to determine the validity of the proclamation and whether it complied with the statutory requirements under the Roads and Jetties Act 1935. The proclamation was challenged on the grounds that it did not follow the correct procedure for amending the road distance and that it lacked proper consultation with affected parties. The court had to consider whether the proclamation adhered to the legislative framework and whether it was validly made.

The court found that the proclamation was validly made under the authority of the Act and followed the correct procedure for amending the road distance. The court held that the proclamation was in line with the legislative framework and did not require additional consultation beyond what was stipulated in the Act. The proclamation was deemed to be a proper exercise of the Governor's powers under the Act.

The court ruled in favour of the proclamation and confirmed its validity. The proclamation stands as amended, correcting the distance of the Mount William Developmental Road to 22.12 kilometres. The proclamation is effective from the date of its notification in the Gazette.