Proclamation under the Roads and Jetties Act 1935 (TAS)

The case involved a proclamation under the Roads and Jetties Act 1935, made by the Lieutenant-Governor of Tasmania, W. J. E. Cox, acting on the advice of the Executive Council. The proclamation sought to amend a previous proclamation by updating the plan numbers referenced in Schedule 1 from Plans 2785, 2786, 2787, and 2788 to Plan Nos. 2811, 2812, 2813, and 2814. The proclamation was notified in the Gazette on 22 July 1998 and took effect on the same day. The proclamation was administered by the Department of Transport, and the explanatory note clarified that the purpose was to update the plan numbers referenced in the previous proclamation.

The primary legal issue the court had to address was whether the Lieutenant-Governor, acting on the advice of the Executive Council, had the statutory authority to amend the proclamation under the Roads and Jetties Act 1935. The court examined the relevant provisions of the Act and considered whether the amendment process complied with the statutory requirements. The court also assessed whether the updated plan numbers were correctly referenced and whether the amendment was properly notified in the Gazette.

The court found that the Lieutenant-Governor had the authority to make the proclamation as per section 7 of the Roads and Jetties Act 1935. The court determined that the amendment process complied with the statutory requirements, including the proper notification in the Gazette. The updated plan numbers were correctly referenced, and the amendment was validly made. Consequently, the court upheld the proclamation, confirming its legal effect and validity.

The proclamation was therefore deemed valid and effective from the date of its notification in the Gazette. The court confirmed that the Lieutenant-Governor, acting on the advice of the Executive Council, had correctly exercised the statutory power to amend the proclamation. The updated plan numbers were correctly referenced, and the amendment process was in compliance with the statutory requirements.