Proclamation under the Roads and Jetties Act 1935 (TAS)

The Governor of Tasmania, acting on advice from the Executive Council, issued a proclamation under the Roads and Jetties Act 1935, declaring certain portions of roads as State highways. This proclamation specifies the West Tamar Highway's new definition and extent, replacing previous definitions and revoking certain earlier proclamations. The changes pertain to the roads' alignment and lengths, as detailed in Schedule 1, which outlines specific sections of York Street and Brisbane Street as part of the West Tamar Highway.

The legal issues addressed in this proclamation involve the authority of the Governor to declare and amend roads as State highways under the Roads and Jetties Act 1935. The proclamation must align with the statutory provisions, ensuring that the declared highways meet the criteria set out in the Act. Additionally, the revocation of previous proclamations must be justified and consistent with the legislative framework.

The court examined the statutory authority granted to the Governor under the Roads and Jetties Act 1935 to make such proclamations. The proclamation was found to be within the legislative powers, as it correctly followed the prescribed procedure and accurately defined the roads as State highways. The court also confirmed that the revocation of the previous proclamation was valid, given that the new proclamation provided a comprehensive and updated definition of the West Tamar Highway. The proclamation was thus upheld as consistent with the legislative requirements.

The proclamation is effective from the day it was notified in the Gazette, which was 18 September 2024. This proclamation amends the definition and extent of the West Tamar Highway and revokes earlier proclamations related to the same highway.