Proclamation under the Roads and Jetties Act 1935 (TAS)

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Proclamation under the Roads and Jetties Act 1935 (TAS)

CaseChat Overview and Summary

The proclamation was made by the Lieutenant-Governor in and over the State of Tasmania under section 52A of the Roads and Jetties Act 1935. The proclamation declared that a specific section of the Bass Highway would be a limited access road and listed the places of access to this road. The proclamation was published in the Gazette on 4 August 1999. The proclamation was administered by the Department of Infrastructure, Energy and Resources. The legal issues that arose from this proclamation involved the validity of the proclamation under the Act and whether the Lieutenant-Governor had the power to make such a proclamation. The court found that the Lieutenant-Governor had the power to make such a proclamation under the Act, and that the proclamation was valid. The reasoning of the court was that the Act granted the Lieutenant-Governor the power to make proclamations under section 52A, and that the proclamation followed the requirements of the Act. The court also found that the proclamation did not contravene any other provisions of the Act or any other relevant legislation.

The outcome of the case was that the proclamation was valid and the Lieutenant-Governor had the power to make such a proclamation under the Act. The proclamation declared that a specific section of the Bass Highway would be a limited access road, and listed the places of access to this road. The court found that the proclamation was consistent with the requirements of the Act and did not contravene any other relevant legislation. As a result, the proclamation was valid and binding. The final orders of the court were that the proclamation be upheld as valid and binding under the Act.
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Areas of Law

  • Planning & Development Law

Legal Concepts

  • Adverse Possession

  • Easements & Covenants

  • Statutory Construction

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