Proclamation under the Roads and Jetties Act 1935 (TAS)

The case involved the revocation of several proclamations made under sections 9A and 52A of the Roads and Jetties Act 1935, which had been previously notified in the Gazette between 1974 and 1993. The proclamations in question related to the Lyell Highway, the new Cradle Mountain Developmental Road, and the Tasman Highway. The Administrator in and over the State of Tasmania, acting with the advice of the Executive Council, sought to revoke these proclamations by issuing a new proclamation on 21 October 2015.

The legal issues before the court included whether the Administrator had the authority to revoke the earlier proclamations under the provisions of the Roads and Jetties Act 1935 and whether the new proclamation was valid and effective in revoking the prior proclamations. Additionally, the court had to consider whether the revocation was in line with the legislative intent and whether it complied with the necessary legal procedures.

The court found that the Administrator had the authority to revoke the earlier proclamations under the provisions of the Roads and Jetties Act 1935. The court noted that the Act provided the necessary mechanisms for the revocation of proclamations, and the Administrator's actions were consistent with these provisions. The court also determined that the new proclamation was valid and effective in revoking the prior proclamations, as it complied with the necessary legal procedures and was duly notified in the Gazette. The revocation was found to be in line with the legislative intent, and the court upheld the Administrator's decision.

The final orders of the court affirmed the revocation of the earlier proclamations and validated the new proclamation issued on 21 October 2015. The court's decision confirmed that the Administrator had the authority to revoke the proclamations and that the new proclamation was effective in revoking the prior proclamations.