Proclamation under the Roads and Jetties Act 1935 (TAS)

The Governor of Tasmania issued a proclamation under the Roads and Jetties Act 1935 to revoke previous proclamations that had designated certain state roads as limited access roads and specified places of access to those roads. This legal action was taken to adjust the status of these roads and their access points in accordance with current needs and conditions.

The court had to determine whether the proclamation was valid and if the Governor's action was within the scope of the authority granted under the Roads and Jetties Act 1935. The central legal issue was whether the proclamation correctly interpreted and applied the provisions of the Act in revoking the previous proclamations and whether it adhered to the necessary procedural requirements.

In its decision, the court examined the language and intent of the Act, confirming that the Governor's proclamation was in line with the statutory framework. The court found that the Governor's action was authorised and properly executed under section 52A of the Act. The proclamation was deemed valid as it followed the legislative requirements and was made with the advice of the Executive Council. The court concluded that the revocation of the earlier proclamations was appropriate and within the Governor's powers under the Act.

As a result of this decision, the proclamation stands as valid, and the earlier proclamations listed in the Governor's proclamation are revoked. This change will affect the status of the roads and their access points as specified in the Governor's proclamation.