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, amending and revoking previous proclamations concerning the Lyell Highway. The amendments involved the substitution of certain plans and the addition of a new access point to the highway, which had been declared a limited access road. The revocation of the earlier proclamation under Statutory Rules 2011, No. 106 was also part of this proclamation.

The court was required to determine whether the Governor's proclamation was within the authority granted by the Roads and Jetties Act 1935. Specifically, it needed to be established whether the amendments and revocations were justified and fell within the legislative framework. The court also had to consider whether the changes were in line with the objectives of the Act, which aims to facilitate the management and maintenance of roads and jetties.

In assessing the proclamation, the court examined the legislative authority of the Governor under the Roads and Jetties Act 1935. The court found that the amendments and revocations were consistent with the statutory provisions, as they did not alter the fundamental nature of the highway's status as a limited access road. The court concluded that the changes were procedural adjustments that aimed to accurately reflect the current state of the highway's access points. The court also noted that the modifications aligned with the purposes of the Act, including the efficient administration and regulation of the highway.

The proclamation was upheld by the court, affirming the Governor's authority to make such amendments and revocations under the Roads and Jetties Act 1935. The decision validated the changes to the plans and the addition of a new access point to the Lyell Highway. The court's ruling ensured that the updated proclamation accurately represented the current conditions and requirements of the highway.