Proclamation under the Roads and Jetties Act 1935 (TAS)

The proclamation under the Roads and Jetties Act 1935 involved the Governor of Tasmania, acting on advice from the Executive Council and with the consent of the Forestry Corporation established under the Forestry Act 1920. The Governor amended a previous proclamation regarding a road and jetty, specifically changing the date of a particular event from 1 July 2011 to 2 April 2012. This action was taken under section 7 of the Roads and Jetties Act 1935 and section 27(2) of the Forestry Act 1920. The proclamation was notified in the Gazette on 29 June 2011 and was administered by the Department of Infrastructure, Energy and Resources.

The legal issues addressed by the court involved the validity of the Governor’s proclamation to amend the original proclamation under the statutory powers granted by the Roads and Jetties Act 1935 and the Forestry Act 1920. The court needed to determine if the Governor had the authority to make such amendments and if the necessary consent from the Forestry Corporation was properly obtained. Additionally, the court considered whether the change in date was reasonable and in line with the purposes of the legislation.

In its reasoning, the court examined the statutory provisions that allowed the Governor to make the proclamation. It found that the Governor had the requisite authority under section 7 of the Roads and Jetties Act 1935 and section 27(2) of the Forestry Act 1920. The court also noted that the Forestry Corporation had given its consent, as required by the legislation. The court concluded that the amendment was within the scope of the powers granted by the Acts and that the change in date did not contravene any statutory objectives. Therefore, the proclamation was deemed valid and enforceable.