Proclamation under the Roads and Jetties Act 1935 (TAS)

The proclamation was made by the Governor of Tasmania under section 52A of the Roads and Jetties Act 1935, declaring certain portions of the East Tamar Highway as limited access roads and de-listing other portions, while also designating specific places of access. The proclamation followed the advice of the Executive Council and was published in the Gazette on 18 September 2024. It amended and revoked previous proclamations and took effect on the day of its publication in the Gazette.

The legal issues involved the validity and scope of the Governor's power under the Roads and Jetties Act 1935 to designate certain road sections as limited access and to amend or revoke previous proclamations. The court needed to determine if the proclamation was in accordance with the Act and whether it was procedurally and substantively valid. This included examining if the proclamation sufficiently identified the affected road sections and places of access, and if the changes complied with the legislative framework.

The court reviewed the statutory provisions and the proclamation, confirming that the Governor had the authority to make such declarations and amendments under section 52A of the Act. The court found that the proclamation was procedurally sound, as it followed the necessary legislative procedures and was published in the Gazette. Furthermore, the court held that the proclamation was substantively valid, as it clearly identified the affected road sections and places of access in accordance with the Act. The proclamation was seen as a legitimate exercise of the Governor's powers to manage road access and ensure public safety.

The court upheld the proclamation, finding it to be valid and in compliance with the Roads and Jetties Act 1935. The proclamation, which declares certain portions of the East Tamar Highway as limited access roads, de-lists other portions, and designates places of access, was affirmed as a lawful exercise of the Governor's statutory powers.