Proclamation under the Roads and Jetties Act 1935 (TAS)

The case involves the revocation of several proclamations made under the Roads and Jetties Act 1935 (TAS) and the declaration of certain forest roads as subsidiary roads and tourist roads. The proclamations were made under section 7 of the Roads and Jetties Act 1935 and in pursuance of section 27(2) of the Forestry Act 1920, with the consent of the Forestry Corporation. The proclamations were revoked to facilitate the Tarkine Road Project, which aims to improve the connectivity of the north-west region of Tasmania.

The legal issues before the court were whether the Governor had the authority to revoke the proclamations and whether the classification of the forest roads as subsidiary roads and tourist roads was valid. The court had to consider the relevant sections of the Roads and Jetties Act 1935 and the Forestry Act 1920 to determine the Governor's powers and the validity of the classification.

The court found that the Governor had the authority to revoke the proclamations and that the classification of the forest roads as subsidiary roads and tourist roads was valid. The court relied on the provisions of the Roads and Jetties Act 1935, which allow the Governor to make proclamations regarding roads, and the Forestry Act 1920, which allows for the classification of forest roads. The court concluded that the Governor's actions were within the scope of the relevant legislation and that the classification was appropriate for the purpose of the Tarkine Road Project.

The proclamation revoking the previous proclamations and declaring the forest roads as subsidiary roads and tourist roads is valid and takes effect on 2 April 2012. The court's decision affirms the Governor's authority to make such proclamations and the validity of the classification of the forest roads. The proclamation is administered by the Department of Infrastructure, Energy and Resources.