Proclamation under the Roads and Jetties Act 1935 (TAS)

The Launceston City Council challenged a proclamation by the Governor of Tasmania under section 52E of the Roads and Jetties Act 1935, which transferred the control of a road and associated works to the council. The dispute was heard in the Supreme Court of Tasmania. The council argued that the proclamation was invalid as it did not comply with the requirements of the Act and was made without proper consultation. The court was tasked with determining the validity of the proclamation and whether the statutory requirements were met.

The court examined the process by which the proclamation was made, focusing on whether the necessary procedures were followed and whether there was adequate consultation with the council. It considered the statutory framework of the Act, the necessity of public notification, and the role of the council in the decision-making process. The court also assessed whether the Governor acted within the bounds of the Act and whether the transfer of control and works was justified under the legislation.

The court found that the proclamation was valid and in compliance with the Roads and Jetties Act 1935. It held that the statutory requirements were satisfied, including the requirement for public notification and the involvement of the Launceston City Council. The court determined that the Governor had the authority to make the proclamation under section 52E of the Act, and the process followed was appropriate. Consequently, the proclamation was upheld as valid and binding.

The court dismissed the Launceston City Council's challenge, confirming the validity of the proclamation and the transfer of control and works to the council. The decision was final, with no further appeal permitted. The Glen Dhu Connector and associated works remain under the jurisdiction and control of the Launceston City Council as per the proclamation.