Proclamation under the Roads and Jetties Act 1935 (TAS)

The proclamation under the Roads and Jetties Act 1935 was made by the Governor of Tasmania, acting on the advice of the Executive Council, to declare certain portions of the West Tamar Highway as a limited access road and to specify places of access. The proclamation was published in the Gazette and took effect on the day of its notification. It also revoked a previous proclamation concerning the same highway.

The primary legal issues addressed by the proclamation pertained to the classification of the West Tamar Highway as a limited access road and the designation of specific places of access in accordance with the provisions of the Roads and Jetties Act 1935. The court had to consider whether the proclamation was consistent with the statutory requirements and whether the specified locations accurately reflected the intended areas for access.

The court found that the proclamation was valid and in compliance with the legislative framework. The decision was based on the clear identification of the affected sections of the West Tamar Highway and the precise specification of the access points, as detailed in the schedules attached to the proclamation. The court upheld the Governor's authority to make such a proclamation under section 52A of the Act and deemed the revocation of the previous proclamation as proper, given the changes in the designated areas and access points.

The final orders of the court confirmed the validity of the proclamation and its effectiveness from the date of its notification in the Gazette. This decision ensures that the specified sections of the West Tamar Highway operate under the designated limited access conditions and that the designated access points are legally recognised for public use.